What is considered “material information” in patent disclosure?

While the MPEP 2002.01 section doesn’t provide a specific definition of “material information,” it does mention that not all information needs to be disclosed to the USPTO. The MPEP states:

“Information that is not material need not be passed along to the Office.”

Generally, material information is any information that a reasonable examiner would consider important in deciding whether to allow an application to issue as a patent. This can include:

• Prior art references
• Information about related applications
• Data from experiments or testing
• Information about inventorship

For a more detailed explanation of what constitutes material information, refer to MPEP 2001 and the specific guidelines in 37 CFR 1.56.

To learn more:

• Material Information
• Patent Disclosure
• USPTO
• Prior Art