It is unresolved whether an incorrect claim of small entity status under 37 C.F.R. § 1.27(a) qualifies as information material to patentability. However, where there is no evidence that small entity status was deliberately falsely claimed, underpayment of the application fee can be remedied by payment of the deficiency, rather than eradication of the patent. If immaterial to the patentability of the application, litigation related to the application need not be disclosed.
Results for disclosure of litigation.
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