What is the difference between new matter and new or amended claims in patent applications?
What is the difference between new matter and new or amended claims in patent applications?
New matter and new or amended claims are distinct concepts in patent law:
- New matter refers to content not present in the original disclosure of the application. As stated in 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…’
- New or amended claims, on the other hand, are permissible as long as they are supported by the original disclosure. The MPEP clarifies: ‘An amendment to the claims or the addition of a new claim must be supported by the description of the invention in the application as filed.’
In essence, while new or amended claims can be added to an application, they must not introduce new matter that wasn’t originally disclosed.
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Topics:
Patent Law,
Patent Procedure