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

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)

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Tags: amendments, design patents, new matter, patent drawings