What information is considered material to patentability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Information material to patentability is broadly defined in 37 CFR 1.56 . It includes: Prior art such as patents and publications Information on enablement Possible prior public uses, sales, or offers to sell Derived knowledge Prior invention by another Inventorship conflicts Litigation statements As stated in the MPEP, “Materiality is not limited to prior art but embraces any information that a reasonable examiner would be substantially likely to consider important in deciding whether to allow an application to issue as a patent.” This broad definition ensures that examiners have access to all relevant information when making patentability determinations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Information Material to Patentability in Reexamination MPEP 2001.04 Information Material to Patentability Required for Reexamination MPEP 2001.04 Information Material to Patentability Must Be Disclosed MPEP 2001.04 Information Material to Patentability Must Be Disclosed MPEP 2001.04 Information Material to Patentability Required MPEP 2001.04 Material Information Embraces Any Relevant Data MPEP 2001.04 Material Information for Patentability Determination MPEP 2001.04 Requirement for Disclosure of Material Information MPEP 2001.04 Permitted Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Other Related FAQs 5 FAQs Collapse What is the duty of disclosure in patent applications? When does the duty to disclose information end? What is the extent of information disclosure required under 37 CFR 1.56(a)? How does the USPTO define &#8220;material to patentability&#8221;...