What is considered ‘new matter’ in a patent application?
‘New matter’ refers to any subject matter that is added to a patent application after its filing date, which was not present in the original specification, claims, or drawings. The MPEP states: 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.
(MPEP 608.04(a))
New matter can include:
- Addition of wholly unsupported subject matter
- Adding specific percentages or compounds after a broader original disclosure
- Omission of a step from a method
It’s important to note that new matter is not allowed in patent applications, as per 35 U.S.C. 132(a), which states: No amendment shall introduce new matter into the disclosure of the invention.
To learn more:
Topics:
Patent Law,
Patent Procedure