Can new terms be introduced in patent claims after the initial filing?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, new terms can be introduced in patent claims after the initial filing, but certain requirements must be met. According to MPEP 608.01(o):

New claims, including claims first presented after the application filing date where no claims were submitted on filing, and amendments to the claims already in the application should be scrutinized not only for new matter but also for new terminology.

However, if new terms are introduced, the specification should be amended to provide clear support or antecedent basis for these terms. This ensures that the meaning of the terms in the claims can be understood by referring to the description.

Topics: Patent Law Patent Procedure