How does submitting new matter after March 16, 2013, affect an application’s pre-AIA status?
Submitting new matter after March 16, 2013, does not affect an application’s pre-AIA status. The MPEP clearly states: “Submission of an amendment including a claim that includes new matter on or after March 16, 2013, also does not affect an application’s status as a pre-AIA application.” This is because, according to 35 U.S.C. 132(a), no amendment shall introduce new matter into the disclosure of the invention.
Therefore, if your original application was filed before March 16, 2013, it remains a pre-AIA application even if you submit new matter after that date.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2150 - Examination Guidelines For 35 U.S.C. 102 And 103 As Amended By The First Inventor To File Provisions Of The Leahy - Smith America Invents Act,
Patent Law,
Patent Procedure