What is the “Rephrasing” allowance in patent application amendments?
What is the “Rephrasing” allowance in patent application amendments? The “Rephrasing” allowance refers to the USPTO’s recognition that inventors may rephrase portions of their application without introducing new matter. According to MPEP 2163.07: Mere rephrasing of a passage does not constitute new matter. Accordingly, a rewording of a passage where the same meaning remains intact…
Read MoreCan new matter be introduced when correcting patent application drawings?
No, new matter cannot be introduced when correcting patent application drawings. The MPEP 608.02(p) clearly states: No amendment may introduce new matter into the disclosure of an application. This prohibition is based on 35 U.S.C. 132(a), which specifies: No amendment shall introduce new matter into the disclosure of the invention. When correcting drawings, applicants must…
Read MoreWhat happens if I exceed the claim limits during prioritized examination?
If you exceed the claim limits during prioritized examination, the prioritized examination will be terminated. The MPEP states, After prioritized examination has been granted in an application, an amendment that results in more than four independent claims or thirty total claims, or a multiple dependent claim, will result in termination of prioritized examination. Upon termination:…
Read MoreWhat are the guidelines for correcting or adding drawings after a patent application is filed?
Correcting or adding drawings after a patent application is filed is addressed in MPEP 608.02, subsection II. The key points are: Drawings can be corrected, revised, or added if no new matter is introduced. The applicant must submit a proposed drawing correction in reply to the Office action. For non-provisional applications, replacement sheets of corrected…
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…
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