How does MPEP 2001.06(b) define “material to patentability” for copending applications?

How does MPEP 2001.06(b) define “material to patentability” for copending applications?

According to MPEP 2001.06(b), information is considered “material to patentability” of a copending application if:

• It could be used in rejecting a claim in the copending application
• It meets the definition of materiality in 37 CFR 1.56(b)
• It contradicts or is inconsistent with a position taken by the applicant in:
• Opposing an argument of unpatentability relied on by the Office, or
• Asserting an argument of patentability

The MPEP states: “Material information may include information where there is a substantial likelihood that a reasonable examiner would consider it important in deciding whether to allow the application to issue as a patent.”

This definition helps applicants and practitioners determine what information about copending applications needs to be disclosed to the USPTO during the examination process.

To learn more:

• material to patentability
• copending applications
• 37 CFR 1.56(b)
• disclosure requirements