What is considered “information material to patentability”?
Information material to patentability refers to any information that is relevant to the patentability of an invention. This includes prior art, conflicting applications, and any other information that could affect the novelty, non-obviousness, or utility of the claimed invention.
According to 37 CFR 1.56, information is material to patentability when:
- It establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or
- It 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.
It’s important to note that the determination of materiality is not limited to prior art considerations but encompasses any information that could impact the patentability of the claimed invention.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2002 - Disclosure — By Whom And How Made,
Patent Law,
Patent Procedure