What is new matter in a patent application?

Go Back

What is new matter in a patent application? Video Transcript

I am going to answer the question here of what is new matter in a patent application? What is new matter? You hear this term “new matter”. What is that? Well, new matter is basically anything new that you add to a patent application after it was filed. It is not allowed. So after a patent application is filed and has been prosecuted to the patent office, you are stuck with the words that you used when you filed that application, you cannot add any new things to it or new matter to it that disclose or provide additional support. That being said, you can do continuation in part applications to add those in the new matter but the new matter that you add is going to get a priority date, an invention date effectively of a later time period in the one that you previously filed. So the rule is there is no new matter allowable to an existing patent application after it has been filed, which means that you cannot add new disclosure material to support your claims or new claims. You cannot add new disclosure material after the application has been filed.

PatentExpress.com is a website of Raj Abhyanker, a professional U.S. Patent Law firm, see: www.rajpatent.com for more. All non-do-it-yourself related services advertised on this site are supervised and managed by a U.S. patent attorney.

© PatentExpress.com All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions. 05-23-2012