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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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almost all of my apps have been UR for 6 weeks at this point I feel exhausted waiting for them to finish
Irvine is being snobby and wont start any review until end of Nov.
Yeah, it’s tough. I’m distracting myself by playing good video games after work :)
im distracting myself by schizo-scrolling r/lawschoolamissions and every conceivable data point on this godforsaken website
it is not working
Haaa I naturally want to do that too. I’m trying to stop. They need a surgeon general’s warning on this site for perspective law students
i spend more time on here then anything else trying to rationalize that the waves from last year will match waves for this year (they won't) and that the stats of people with the same stats are indicative of my own (they aren't)
There aren't many people in my stat range so I pretty much know every result in my range after being on here for a few years
9:28
congrats on the 172 bruce
go dawgs fr
9:29
roll tide
do we foresee a fordham election day wave today (i'm delusional)
WorthlessAttractiveZombie
9:31
I think so, Jack
9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
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