How is information deemed material to patentability in reexamination proceedings?
In reexamination proceedings, information is considered material to patentability when it is not cumulative to information already of record and meets certain criteria. According to MPEP 2280, which cites 37 CFR 1.555(b):
“Information is material to patentability in a reexamination proceeding when it is not cumulative to information of record or being made of record in the reexamination proceeding, and
- (1) It is a patent or printed publication that establishes, by itself or in combination with other patents or printed publications, a prima facie case of unpatentability of a claim; or
- (2) It refutes, or is inconsistent with, a position the patent owner takes in: (i) Opposing an argument of unpatentability relied on by the Office, or (ii) Asserting an argument of patentability.”
This definition helps determine what information must be disclosed to the USPTO during reexamination proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2280 - Information Material To Patentability In Reexamination Proceeding Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure