What is a continuation-in-part (CIP) application?
A continuation-in-part (CIP) application is an application filed during the lifetime of a prior nonprovisional application, repeating some substantial portion or all of the prior application and adding matter not disclosed in the prior application. As stated in the MPEP: A continuation-in-part is an application filed during the lifetime of a prior-filed nonprovisional application, international…
Read MoreCan I add an incorporation by reference statement when submitting a benefit claim after filing?
No, you cannot add an incorporation by reference statement when submitting a benefit claim after the initial filing of your application. The MPEP clearly states: When a benefit claim is submitted after the filing of an application, the reference to the prior application cannot include an incorporation by reference statement specifying of the prior application…
Read MoreCan drawings be added to a patent application after the filing date?
Can drawings be added to a patent application after the filing date? According to MPEP 608.04(a), adding drawings to a patent application after the filing date is generally considered new matter. The MPEP states: “Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the…
Read MoreCan an applicant add examples or expand on the disclosure after filing a patent application?
Can an applicant add examples or expand on the disclosure after filing a patent application? Generally, applicants are not permitted to add new examples or expand on the disclosure after filing a patent application without risking a new matter rejection. The MPEP 608.04(a) states: Matter not present on the filing date of the application in…
Read MoreCan an applicant add drawings to a patent application after the filing date?
Adding drawings to a patent application after the filing date is possible but subject to certain restrictions. The MPEP states: no amendment may introduce new matter into the disclosure of an application after its filing date. However, there are some provisions for adding drawings in specific circumstances: For applications filed on or after September 21,…
Read MoreCan adding specific percentages to a broader original disclosure be considered new matter?
Yes, adding specific percentages to a broader original disclosure can be considered new matter. The MPEP section 608.04(a) states: 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, or even the omission of a step from a method.…
Read MoreCan I add working examples to my patent application after filing?
Can I add working examples to my patent application after filing? Adding working examples to a patent application after filing is generally not permitted if they constitute new matter. According to MPEP 608.04: “An amendment to the claims or the addition of a new claim must be supported by the description of the invention in…
Read MoreCan drawings be amended after the application filing date without introducing new matter?
Can drawings be amended after the application filing date without introducing new matter? Amending drawings after the application filing date without introducing new matter is possible, but it requires careful consideration. According to MPEP 608.04(a): ‘An amendment to the drawings, however, which adds a feature not disclosed in the original drawings or specification involves new…
Read MoreWhat is the significance of the application filing date for new matter in patent applications?
What is the significance of the application filing date for new matter in patent applications? The application filing date is crucial when determining whether content in a patent application constitutes new matter. MPEP 608.04(a) states: ‘Matter not present on the filing date of the application in the specification, claims, or drawings that is added after…
Read MoreHow does MPEP 608.04(a) define ‘new matter’ in patent applications?
How does MPEP 608.04(a) define ‘new matter’ in patent applications? MPEP 608.04(a) defines new matter as any content added to the specification, claims, or drawings after the application filing date that was not present on the original filing date. Specifically, the MPEP states: “Matter not present on the filing date of the application in the…
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