Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Amendments to correct obvious errors in patent applications do not constitute new matter under certain conditions. The MPEP Section 2163.07 provides guidance:
“An amendment to correct an obvious error does not constitute new matter where one skilled in the art would not only recognize the existence of error in the specification, but also the appropriate correction.”
This means that if a person skilled in the relevant field would both recognize the error and know how to correct it based on the original application, fixing such an error is not considered new matter. However, it’s important to note that the error and its correction must be obvious to avoid introducing unintended changes to the application.
To learn more:
Topics:
MPEP 2100 – Patentability,
MPEP 2163.07 – Amendments To Application Which Are Supported In The Original Description,
Patent Law,
Patent Procedure