When new matter is added to the claims of a patent application, what is the likely consequence?

When new matter is added to the claims of a patent application, it often results in the claims being rejected under 35 U.S.C. 112(a). This provision mandates that the specification must contain a written description of the invention that enables a person skilled in the art to make and use the claimed invention. Adding new matter can disrupt the original disclosure, which could lead to a rejection because the claims would not be supported by the original specification.

The key aspect here is that introducing new matter can alter the scope of what was originally disclosed, raising concerns about compliance with the requirement for adequate disclosure. This reflects the patent system's emphasis on ensuring that all elements of a claim are sufficiently described in the patent application to provide clear notice of the invention's boundaries to others in the field.

This consequence aligns with the rules of patent practice, as claims must be fully supported by the content originally filed. If the changes do not have adequate support, a rejection under this section is a likely outcome to ensure that all claims are consistent with what was initially disclosed.