What constitutes ‘new matter’ in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. ‘New matter’ refers to any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. As stated in MPEP 608.04(a) : Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing is usually new matter. This can include adding specific percentages, compounds, or even omitting steps from a method that were present in the original disclosure. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No New Matter After Filing Date MPEP 608 Permitted Amendments Adding New Matter Not Allowed MPEP 608.04(a) Addition of Specific Percentages Constitutes New Matter MPEP 608.04(a) Original Disclosure Requirement for Filing MPEP 608 Permitted Claims Must Find Basis in Original Disclosure MPEP 608 Required Examiner Must Detect New Matter in Amendments MPEP 608.04(a) Required Claim Must Be Rejected If New Matter Added MPEP 608.04(a) Recommended New Matter Must Be Included In Rejection MPEP 608.04(a) Prohibited Claims Must Be Supported by Original Disclosure MPEP 608.04(a) Recommended Claims Must Be Supported by Original Disclosure MPEP 608.04(a) Other Related FAQs 5 FAQs Collapse What is the significance of the application filing date in patent law? Can omitting information from an application be considered new matter? What is considered &#8216;new matter&#8217; in a patent application? How does MPEP 608.04(a) define &#8216;new matter&#8217; in patent applications? Can an applicant add examples or expand on the disclosure after filing a patent application?