US Patent and Trademark Office Proposes Revision to Materiality Standard for Patent Applications

Summary

The US Patent and Trademark Office (USPTO) is proposing to revise the standard for materiality in patent applications and reexamination proceedings to align with the materiality standard set forth in the Therasense, Inc. v. Becton, Dickinson & Co. decision, with the goal of reducing the frequency of inequitable conduct charges and encouraging more forthcoming information disclosure statements.