What is the difference between new matter and inherent disclosure in patent applications?
What is the difference between new matter and inherent disclosure in patent applications?
New matter and inherent disclosure are distinct concepts in patent law:
- New matter refers to information added to a patent application after its filing date that goes beyond the original disclosure. This is generally not allowed and can result in rejection.
- Inherent disclosure refers to information that, while not explicitly stated in the original application, is necessarily present or implied by the content that was disclosed.
According to MPEP 608.04: “New matter includes not only the addition of wholly unsupported subject matter, but may also include adding specific percentages or compounds after a broader original disclosure, or even the omission of a step from a method.” However, inherent properties or characteristics that are necessarily present in the disclosed invention do not constitute new matter.
It’s important for patent applicants to carefully consider what information is truly inherent to their original disclosure to avoid introducing new matter while still fully describing their invention.
To learn more:
To learn more:
Topics:
Patent Law,
Patent Procedure