What is considered ‘material information’ in patent term extension proceedings?
‘Material information’ in patent term extension proceedings is any information that could significantly impact the determination of entitlement to the extension sought. The MPEP 2762 defines it as follows:
“Information is ‘material’ when there is a substantial likelihood that the Office or the Secretary would consider it important in determinations to be made in the patent term extension proceeding.”
This means that any information that could reasonably influence the decision-making process regarding the patent term extension must be disclosed to the relevant authorities.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2762 - Duty Of Disclosure In Patent Term Extension Proceedings,
Patent Law,
Patent Procedure