What is considered ‘material’ information in a patent file wrapper?
‘Material’ information in a patent file wrapper refers to data that is significant to the patentability of an invention. While MPEP 724.01 does not provide a specific definition, it emphasizes the importance of such information by stating that It is the intent of the Office that the patent file wrapper be as complete as possible insofar as ‘material’ information is concerned.
Material information typically includes prior art, experimental data, and other details that could affect the examination and grant of a patent. The duty to disclose material information is further outlined in 37 CFR 1.56.
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