What is considered “material information” in patent disclosure?

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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. While the MPEP 2002.01 section doesn’t provide a specific definition of “material information,” it does mention that not all information needs to be disclosed to the USPTO. The MPEP states: “Information that is not material need not be passed along to the Office.” Generally, material information is any information that a reasonable examiner would consider important in deciding whether to allow an application to issue as a patent. This can include: Prior art references Information about related applications Data from experiments or testing Information about inventorship For a more detailed explanation of what constitutes material information, refer to MPEP 2001 and the specific guidelines in 37 CFR 1.56 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Non-Material Information Need Not Be Disclosed to Office MPEP 2002.01 Material Information Must Be Disclosed to Office Regardless of Source MPEP 2001.06 Required Copending Applications Must Be Disclosed to Examiner MPEP 2001.06(b) 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 Disclosure of Material Information Required for Patentability MPEP 2001 Duty to Disclose Material Information for Patentability MPEP 2001.04 Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Other Related FAQs 5 FAQs Collapse Can inventors disclose information directly to the USPTO? Are there any exceptions to the duty of disclosure to the USPTO? What is the role of attorneys or agents in disclosing informat...