What are the statutory provisions prohibiting the introduction of new matter?
There are two primary statutory provisions that prohibit the introduction of new matter in patent applications:
- 35 U.S.C. 132: This provision states that “no amendment shall introduce new matter into the disclosure of the invention.”
- 35 U.S.C. 251: This provision applies specifically to reissue applications and states that “no new matter shall be introduced into the application for reissue.”
These provisions are crucial in maintaining the integrity of the original disclosure and preventing applicants from adding unsupported material to their applications after filing.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.06 - Relationship Of Written Description Requirement To New Matter,
Patent Law,
Patent Procedure