What is considered ‘material information’ in patent term extension proceedings?

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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. ‘Material information’ in patent term extension proceedings is any information that could significantly impact the determination of entitlement to the extension sought. The MPEP 2762 defines it as follows: “Information is ‘material’ when there is a substantial likelihood that the Office or the Secretary would consider it important in determinations to be made in the patent term extension proceeding.” This means that any information that could reasonably influence the decision-making process regarding the patent term extension must be disclosed to the relevant authorities. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Material Information Must Be Disclosed to Relevant Officials MPEP 2762 Recommended Material Information Must Be Disclosed MPEP 2762 Disclosure Under 37 CFR 1.765 in a Patent Term Extension Application Must Be Made MPEP 2762 Material Information Must Be Disclosed by Registered Practitioner MPEP 2762 Permitted Fraud or Disclosure Violation Bars Patent Term Extension MPEP 2762 Attorney Duty Not to Transmit Irrelevant Information MPEP 2762 Disclosure to Attorney Satisfies Duty MPEP 2762 Required Determination Based on Application Representations MPEP 2762 Permitted Patent Owner Can Disclose Through Agent MPEP 2762 Permitted Requirement for Patent Term Extension Determination MPEP 1701 Other Related FAQs 5 FAQs Collapse What are the consequences of violating the duty of disclosure in patent term extension proceedings? What is the duty of disclosure in patent term extension proceedings? How should material information be submitted in patent term extension proceedings? When should material information be disclosed in patent term extension proceedings? Wh...