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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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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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