What is considered ‘material information’ in the context of the duty of disclosure?

Question

Accepted Answer

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 the context of the duty of disclosure refers to any information that is relevant to the patentability of an invention. This includes prior art, public disclosures, or any other information that could affect the decision of a patent examiner or the Patent Trial and Appeal Board (PTAB). While MPEP 2001.03 does not provide a specific definition of material information, it emphasizes that the duty to disclose extends to “all dealings which such individuals have with the Office.” This broad statement implies that any information that could influence the patentability decision should be disclosed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure of Material Information Required for Patentability MPEP 2001 Duty to Disclose Material Information for Patentability MPEP 2001.04 Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Duty to Disclose Material Information to USPTO MPEP 2000 Duty to Disclose Material Information to USPTO MPEP 2000.01 Duty to Disclose Material Information MPEP 2000.01 Material Information Must Be Disclosed to Office Regardless of Source MPEP 2001.06 Required Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000.01 Other Related FAQs 5 FAQs Collapse What does &#8216;duty of candor and good faith&#8217; mean in patent law? Does the duty of disclosure apply to proceedings before the Patent Trial and Appeal Board? What is the extent of the duty of disclosure? Can failure to disclose material information affect patent validity? Who owes the duty of disclosure to the USPTO?