What is the relationship between the written description requirement and new matter?
The relationship between the written description requirement and new matter is explained in MPEP 2163.06: “The written description requirement under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is separate and distinct from the new matter prohibition of 35 U.S.C. 132(a).” This means that while both concepts are related to the content of…
Read MoreCan new matter be added to a patent application to overcome a written description rejection?
Can new matter be added to a patent application to overcome a written description rejection? No, new matter cannot be added to a patent application to overcome a written description rejection. This is a fundamental principle in patent law, as outlined in MPEP 2163: “No amendment may introduce new matter into the disclosure of an…
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