Can I amend my patent application to include inherent functions or properties?
Yes, you can amend your patent application to include inherent functions, theories, or advantages of your invention without introducing prohibited new matter. This is supported by MPEP 2163.07(a), which states:
“The application may later be amended to recite the function, theory or advantage without introducing prohibited new matter.”
This means that if your original application discloses a device that inherently performs a function or has a property, you can later amend the application to explicitly mention that function or property without it being considered new matter.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.07(A) - Inherent Function,
Or Advantage,
Patent Law,
Patent Procedure,
Theory