Can new matter be added to a divisional application?

No, new matter cannot be added to a divisional application. The divisional application must only contain subject matter disclosed in the parent application. The MPEP clearly states:

Thus the disclosure presented in a divisional application must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.

Any attempt to add new matter to a divisional application will be rejected under 35 U.S.C. 112(a) as lacking written description support in the parent application.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Divisional application, new matter