What constitutes new matter in patent applications?
Amendments to an application which are supported in the original description are NOT considered new matter. The Manual of Patent Examining Procedure (MPEP) Section 2163.07 states: “Amendments to an application which are supported in the original description are NOT new matter.” This means that changes to the application that are already described or implied in…
Read MoreIs rephrasing a passage in a patent application considered new matter?
Mere rephrasing of a passage in a patent application does not constitute new matter, as long as the meaning remains intact. The MPEP Section 2163.07 clarifies: “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 guideline allows applicants to…
Read MoreHow are obvious errors in patent applications handled?
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…
Read MoreCan foreign priority documents be used to support error corrections in U.S. patent applications?
Generally, foreign priority documents cannot be used to support error corrections in U.S. patent applications. The MPEP Section 2163.07 states: “Where a foreign priority document under 35 U.S.C. 119 is of record in the U.S. application file, applicant may not rely on the disclosure of that document to support correction of an error in the…
Read MoreCan dictionary definitions be added to a patent application without being considered new matter?
Generally, adding dictionary or art-recognized definitions known at the time of filing an application may not be considered new matter. However, there are important considerations. The MPEP Section 2163.07 states: “The mere inclusion of dictionary or art recognized definitions known at the time of filing an application may not be considered new matter. If there…
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