ホーム > English > Q109. New Matter

Q109. New Matter

Q109. New Matter
 How is the new matter determined?

A109. An amendment including matters beyond “the scope of features of the description, patent claim(s) or drawing(s) originally attached to the request”, in other words, an amendment including a new matter is not allowed (Patent Law Section 17-3(3)).
 According to the Examination Guidelines, “matters which are originally disclosed in the specification and the like” includes not only “matters which are disclosed in the specification and the like originally” but also “matters which are unambiguously derivable from the matters originally disclosed in the specification and the like”. Here, “the matters which are unambiguously derivable from the matters originally disclosed in the specification and the like” indicate matters which can be recognized by a person skilled in the art without description in the specification and the like originally attached to the request that the matters are clearly derived from matters disclosed in specification and the like in view of technical knowledge available to public at the time of filing the request and considered to be nothing less than disclosed in the specification and the like.
 For more detail or examples, see the Examination Guidelines, Part III (http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm).