How does the USPTO define “material to patentability” in the context of information disclosure?
How does the USPTO define “material to patentability” in the context of information disclosure?
The USPTO defines “material to patentability” in the context of information disclosure through 37 CFR 1.56(b). The MPEP states:
“Information is material to patentability when it is not cumulative to information already of record or being made of record in the application, and (1) It establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or (2) It refutes, or is inconsistent with, a position the applicant takes in: (i) Opposing an argument of unpatentability relied on by the Office, or (ii) Asserting an argument of patentability.”
This definition helps applicants and practitioners determine what information must be disclosed to the USPTO during the patent application process. It focuses on information that could potentially affect the patentability of the claims, either by establishing unpatentability or by contradicting arguments made in support of patentability.
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