What constitutes new matter in patent applications?

Amendments to an application which are supported in the original description are NOT considered new matter. The Manual of Patent Examining Procedure (MPEP) Section 2163.07 states:

“Amendments to an application which are supported in the original description are NOT new matter.”

This means that changes to the application that are already described or implied in the original filing are permissible. However, adding completely new information that was not present or implied in the original application would be considered new matter.

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Topics: MPEP 2100 - Patentability, MPEP 2163.07 - Amendments To Application Which Are Supported In The Original Description, Patent Law, Patent Procedure
Tags: MPEP 2163.07, new matter, Original Description, patent amendments