Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Patent Law (2)
How does the USPTO define ‘new matter’ in patent applications?
The United States Patent and Trademark Office (USPTO) defines ‘new matter’ as any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. According to MPEP 608.04(a):
“Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing date is new matter.”
This definition is strict and encompasses any additions or modifications that introduce information not explicitly or inherently supported by the original disclosure. New matter can include:
- Additional text in the specification
- New or modified claim elements
- Changes to drawings or the addition of new figures
- Incorporation of external references not properly incorporated on the filing date
It’s important to note that new matter is prohibited under 35 U.S.C. 132(a), which states that “No amendment shall introduce new matter into the disclosure of the invention.”
To learn more:
What is the difference between new matter and new or amended claims in patent applications?
New matter and new or amended claims are distinct concepts in patent law:
- New matter refers to content not present in the original disclosure of the application. As stated in MPEP 608.04: ‘New matter includes not only the addition of wholly unsupported subject matter, but may also include adding specific percentages or compounds after a broader original disclosure…’
- New or amended claims, on the other hand, are permissible as long as they are supported by the original disclosure. The MPEP clarifies: ‘An amendment to the claims or the addition of a new claim must be supported by the description of the invention in the application as filed.’
In essence, while new or amended claims can be added to an application, they must not introduce new matter that wasn’t originally disclosed.
To learn more:
Patent Procedure (2)
How does the USPTO define ‘new matter’ in patent applications?
The United States Patent and Trademark Office (USPTO) defines ‘new matter’ as any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. According to MPEP 608.04(a):
“Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing date is new matter.”
This definition is strict and encompasses any additions or modifications that introduce information not explicitly or inherently supported by the original disclosure. New matter can include:
- Additional text in the specification
- New or modified claim elements
- Changes to drawings or the addition of new figures
- Incorporation of external references not properly incorporated on the filing date
It’s important to note that new matter is prohibited under 35 U.S.C. 132(a), which states that “No amendment shall introduce new matter into the disclosure of the invention.”
To learn more:
What is the difference between new matter and new or amended claims in patent applications?
New matter and new or amended claims are distinct concepts in patent law:
- New matter refers to content not present in the original disclosure of the application. As stated in MPEP 608.04: ‘New matter includes not only the addition of wholly unsupported subject matter, but may also include adding specific percentages or compounds after a broader original disclosure…’
- New or amended claims, on the other hand, are permissible as long as they are supported by the original disclosure. The MPEP clarifies: ‘An amendment to the claims or the addition of a new claim must be supported by the description of the invention in the application as filed.’
In essence, while new or amended claims can be added to an application, they must not introduce new matter that wasn’t originally disclosed.
To learn more: