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Simple English definitions for legal terms

but-for materiality

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A quick definition of but-for materiality:

But-for materiality is a test used in patent law to determine if withheld information would have resulted in the patent being denied. The objective but-for test asks if the patent would have been issued if the applicant had not engaged in misconduct, while the subjective but-for test asks if the misrepresentation caused the examiner to issue the patent. The Federal Circuit has rejected the but-for materiality test in favor of a different test codified in 37 CFR § 1.56.

A more thorough explanation:

Definition: But-for materiality is a test used in patent law to determine if withheld information would have resulted in the patent being denied. The objective but-for test asks if the patent would have been issued if the applicant had not engaged in misconduct. The subjective but-for test asks if the misrepresentation caused the examiner to issue the patent. The Federal Circuit has rejected the but-for materiality test in favor of the materiality test codified in 37 CFR § 1.56.

Example: If a patent applicant withheld information about prior art that would have made their invention unpatentable, the but-for materiality test would ask if the patent would have been issued if that information had been disclosed. If the answer is no, then the withheld information is considered but-for material.

Explanation: This example illustrates how the but-for materiality test is used to determine if withheld information is important enough to affect the outcome of a patent application. If the information would have resulted in the patent being denied, then it is considered but-for material and the patent may be invalidated.

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10:47
Bio Chemistry is odd, some ppl just cannot absorb certain nutrients/vits. Like some calcium deficient ppl actually loose more calcium when they increase intake.
10:48
also some ppl are hyper sensitive to hormones/vit/nutrients.
JumpySubsequentDolphin
10:48
@GreyCeaselessMammoth: love my masris
JumpySubsequentDolphin
10:48
@PuppyBot: I burn bad i don’t get it either
cumsock
10:49
i burn worse
shaquilleoatmeal
10:49
deficiencies are one thing, what scares me the most is if i ever became antibiotic resistant
GreyCeaselessMammoth
10:50
i'm going again to egypt this summer, i think it'll be my last time for a while, at least until after law school
PuppyBot
10:50
i wonder if renard is going to get me that snowglobe from paris
GreyCeaselessMammoth
10:50
@JumpySubsequentDolphin: my cousins wife is palestinian, their wedding was so cool. it was neat learning about the palestinian wedding traditions
PuppyBot
10:50
prob not :/
10:51
I tan super well, its a wild blessing being eastern european and doesnt make much sense
10:51
@Mostlylegal: same. During end of summer i am darker than some black ppl
JumpySubsequentDolphin
10:51
@GreyCeaselessMammoth: hehe my brother’s wife is Egyptian. but omg I love palestinian weddings. did they have a zaffeh/dabke group perform
10:51
I used to get called hispanic a lot, same for my mom
10:52
o well we all the same race
10:52
one love
10:52
<3
10:53
its so obvious when someone is dragging their feet at work and it kills me, i hate it so much
jackfrost11770
10:54
mostly legal tan slav gang rise uo
jackfrost11770
10:54
we are a select few
10:54
fr fr, that kazakh blood is def doing it for you
@Mostlylegal: same but i’m brown so i just get browner
jackfrost11770
10:54
yeah haha also my dad grew up in odessa
lilypadfrog
10:54
cramping up at work. i don’t even care anymore
jackfrost11770
10:55
so anything south russia is like basically tropical climate lmfao
shaquilleoatmeal
10:55
5 mins till lilly gets mich
10:55
@jackfrost11770: no kidding, ive been, my mom is from lviv
jackfrost11770
10:55
ive never been always wanted to go, maybe sometime in the future :(
cumsock
10:56
who tf be searching be on linkedin
cumsock
10:57
me*
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