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New Matter

Smith Hopen Intellectual Property Term Glossary Definition for New Matter
When a patent application is filed, it can be thought of as a photograph of the invention taken at a moment in time. No new matter can be added to the patent application after that moment. However, if the drawings filed with the patent application depict a part of the invention that was not discussed in the text of the application, the text can be amended to include a description of the depicted matter and such additional text is not considered to be new matter. If an invention is improved after a patent application is filed, the improvement is new matter and cannot be inserted into the existing patent application. The remedy is a Continuation-In-Part application.

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