What is considered “information material to patentability”?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 But-For Materiality for Duty of Disclosure MPEP 2000.01 But-For Materiality for Duty of Disclosure MPEP 2000.01 Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse How is the duty to disclose fulfilled in a patent application? Who has a duty to disclose information material to patentability? Can invento...