Can drawings or figures in a patent application introduce new matter?

Can drawings or figures in a patent application introduce new matter?

Yes, drawings or figures can introduce new matter in a patent application. The MPEP 608.04 addresses this issue:

‘In establishing a disclosure, applicant may rely not only on the description and drawing as filed but also on the original claims if their content justifies it.’

This implies that:

• Original drawings are part of the disclosure and can support claims.
• However, new or amended drawings can potentially introduce new matter.
• Changes to drawings that go beyond what was originally disclosed may be rejected as new matter.

For example, adding specific structural details to a figure that weren’t originally disclosed, or introducing new relationships between components, could be considered new matter. Applicants should be cautious when modifying drawings and ensure any changes are fully supported by the original disclosure.

To learn more:

• drawings
• figures
• new matter
• patent application
• disclosure