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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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legallybrunettelily
13:38
as a minnesotan they do suck
13:38
what did yall do in your gap year between undergrad and law ? I'm conflicted
legallybrunettelily
13:38
I'm a litigation paralegal
yeah I'm also a lit paralegal B)
13:38
Oh nice!
13:38
I'm an EMT idek if i could get into a law office
I have conflicting feelings on if relevant work experience or interesting work experience is better
legallybrunettelily
13:39
if you can write and read you can prob get a job as at least a legal assistant
being an EMT sounds like it would be more compelling than working in a law office tbh
Bc you could lowk write a killer PS talking about your time as an EMT
@UnequalObtainableVole: yup
legallybrunettelily
13:39
yeah working in a law office is mad boring at times
legallybrunettelily
13:40
i saw while i stalk my applications to spend more time in a law office
but I worked in tech for a year and now work doing immigration compliance for a large university
@UnequalObtainableVole: oh, that's a job in this administration
legallybrunettelily
13:40
i was gonna say
my essays woulda been so fire if this had just started 6 months ago
legallybrunettelily
13:42
yall i lost a fingernail like a month ago and its just grown back
13:43
Honestly I thought ab tying my EMT job into why I want to go into healthcare law in my PS
legallybrunettelily
13:43
u def should
13:44
It would be cool to see what the day to day is like in a law office tho! I envy you
i love rezoning
Okay quest I also wanna do healthcare law, wrote about my experience in clinical psychology working with underprivileged clients. My PS made my advisor cry, lol. Anyway, super impactful to be like, hey I see these gaps in our current healthcare system/administration, and I wanna do something about it
13:46
Oh I will try to as well lol. I've seen horrible, horrible conditions in nursing homes and elder abuse that made me visible tremble with rage
Oh yeah no, I literally watched multiple die from straight up neglect but no one cares about homeless schizophrenics so, that was jarring
13:47
I also work pt in a occupational health clinic processing claims and treatment plans so i could maybe tie that into Personal Injury law do you thinnk?
13:47
The way homeless people are treated is abhorrent in my city
Totally. For today only I will smack my PS in my bio for your perusing if you would be so interested (I am insecure about showing my writing to the world)
hoping adcoms won't be in chat bc of Good Friday LOL
13:48
absolutely! I'd love to read it on lunch
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