How are amendments to design patent applications evaluated for new matter?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Amendments to design patent applications are carefully evaluated to ensure they do not introduce new matter not supported by the original disclosure. Key points include: Any changes must have support in the original disclosure Converting solid lines to broken lines (or vice versa) is generally not new matter Adding or removing surface ornamentation may be new matter The entire design must be evaluated, not just individual elements The MPEP states: An amendment to the claim, however, which has no support in the specification and/or drawings as originally filed introduces new matter because that subject matter is not described in the application as originally filed. ( MPEP 1504.04 ) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment Not Supported by Original Disclosure Must Be Rejected MPEP 1504.04 Recommended Claim Must Be Supported by Original Disclosure MPEP 1504.04 Claims Must Be Supported by Original Disclosure Without New Matter MPEP 1504.04 Prohibited Amendment Introducing New Matter Not Permitted MPEP 1504.04 Claim Must Be Supported by Filed Disclosure MPEP 1504.04 Amendment Changing Surface Appearance Introduces New Matter MPEP 1504.04 Amending Design Line Types Does Not Introduce New Matter MPEP 1504.04 Change in Design Configuration Introduces New Matter MPEP 1504.04 Later-Claimed Design Cannot Introduce New Elements MPEP 1504.04 Amended Claims Must Have Written Description Support MPEP 1504.04 Required Other Related FAQs 5 FAQs Collapse What is the best mode requirement for design patents? How are broken lines used in design patent drawings? How does indefiniteness apply to design patent claims? How do continuation and divisional applications af...