What is the “Rephrasing” allowance in patent application amendments?
What is the “Rephrasing” allowance in patent application amendments?
The “Rephrasing” allowance refers to the USPTO’s recognition that inventors may rephrase portions of their application without introducing new matter. According to MPEP 2163.07:
Mere rephrasing of a passage does not constitute new matter. Accordingly, a rewording of a passage where the same meaning remains intact is permissible.
This means that:
- Inventors can rephrase or reword parts of their application for clarity
- The meaning of the rephrased content must remain the same
- Such rephrasing is not considered new matter under 35 U.S.C. 132
However, it’s crucial to ensure that any rephrasing does not alter the scope or introduce new concepts. Examiners may scrutinize significant rewording to verify that no new matter has been added.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.07 - Amendments To Application Which Are Supported In The Original Description,
Patent Law,
Patent Procedure