Can 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 the application as filed. In re Wright, 866 F.2d 422, 9 USPQ2d 1649 (Fed. Cir. 1989).”
This means that any working examples added after filing must be fully supported by the original disclosure. If the examples contain information not inherently or implicitly present in the original filing, they will be considered new matter and may be rejected.
However, you may be able to add working examples if:
- They only elaborate on principles already described in the original application
- They demonstrate results that are inherent to the invention as originally disclosed
- They do not introduce any new characteristics or properties not previously mentioned
It’s always best to include comprehensive working examples in the initial filing to avoid potential new matter issues later in the prosecution process.
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