What is considered material information under 37 CFR 1.56(b)?

According to 37 CFR 1.56(b), information is material to patentability when:

• It is not cumulative to information already of record or being made of record in the application, and
• It either:
  1. Establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or
  2. Refutes, or is inconsistent with, a position the applicant takes in:
     • Opposing an argument of unpatentability relied on by the Office, or
     • Asserting an argument of patentability.

The MPEP states: “Under the rule, information is not material unless it comes within the definition of 37 CFR 1.56(b)(1) or (2).” This means that if information doesn’t meet these criteria, there is generally no duty to disclose it to the Office.

To learn more:

• materiality
• duty of disclosure
• patent application
• USPTO
• prior art