What happens if new matter is added to a pre-AIA application after March 16, 2013?
If new matter is added to a pre-AIA application after March 16, 2013, it does not change the application’s status, but it may lead to rejections. According to MPEP 2159.01:
“If new matter is added via amendment, claims directed to the new matter will be rejected under pre-AIA 35 U.S.C. 112, first paragraph. See MPEP § 608.04.”
This means that while the application remains subject to pre-AIA laws, any claims based on new matter introduced after the original filing date may be rejected under the pre-AIA version of 35 U.S.C. 112, first paragraph, for lack of written description or enablement.
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Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.01 - Applications Filed Before March 16,
Patent Law,
Patent Procedure