What is considered ‘material information’ in the context of the duty of disclosure?
‘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.
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Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.03 - To Whom Duty Of Disclosure Is Owed,
Patent Law,
Patent Procedure