What is New Matter? A Comprehensive Guide to Its Legal Implications
Definition & Meaning
In United States patent law, "new matter" refers to any subject matter that was not included in the initial filing of a patent application. This can include information that is not found in the original specification, claims, or drawings. The law prohibits introducing new matter in amendments to an application, as outlined in 35 U.S.C. § 132(a). This statute ensures that any changes made to a patent application do not expand its original scope beyond what was initially disclosed.
Legal Use & context
The term "new matter" is primarily used in the context of patent law. It is crucial during the amendment process of patent applications, where applicants must ensure that their changes do not introduce new matter. This concept is relevant for patent attorneys and applicants who are navigating the complexities of patent filings. Users can utilize legal templates from US Legal Forms to assist in preparing their patent applications correctly, ensuring compliance with legal standards.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor files a patent application for a new type of bicycle. Later, they want to add a new feature that enhances the bike's braking system. If this feature was not mentioned in the original application, adding it would be considered introducing new matter.
Example 2: A technology company submits a patent for a software algorithm. If they later wish to include a new function that was not part of the original filing, this would also constitute new matter and could not be added without re-filing.
Relevant laws & statutes
Key statutes related to new matter include:
- 35 U.S.C. § 132(a): Prohibits the introduction of new matter in patent amendments.
- 35 U.S.C. § 112: Outlines the written description requirement, which is essential for evaluating new matter.