How does the USPTO treat amendments that add new matter to a patent application?
How does the USPTO treat amendments that add new matter to a patent application?
The USPTO treats amendments that add new matter to a patent application as insufficient responses. According to MPEP 711.02(a):
“An amendment which adds new matter to the disclosure of an application is not a bona fide attempt to advance the application and is not sufficient to save the application from abandonment.”
This means that if you submit an amendment that introduces new information not supported by the original disclosure, it will not be considered a valid response. Such amendments are not only insufficient to prevent abandonment but are also not allowed under 35 U.S.C. 132(a). It’s crucial to ensure that any amendments or responses are fully supported by the original application to avoid this issue.
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