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   Author  Topic: invalidation re new matters  (Read 959 times)
freemode
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invalidation re new matters
« on: Jan 23rd, 2007, 8:18pm »		 Quote Quote Modify Modify
I'm a PRC patent attorney and would like to know in US patent law, what's the consequence if you added new matters in prosecution.  
 
Will it render the whole patent (all the claims) invalid or only those claims that are "affected" by the new matters invalid?
 
in PRC we have no question if the violating amendments were made to a specific claim.  That very claim will be invalidated.  Questions arise when the amendments were made to the spec.
 
As an extreme example, my spec is poorly drafted.  The former part is relevent to the claims while the latter part is totally taking about something else.  I was more stupid to add new matters to the latter part in prosecution.  The examiner didn't find it and issued a patent.  So what's the consequence for that addition?  Will it make all my claims invalidated, although the claims are totally irrelevant to the addition?
IP Logged
patentsusa
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Posts: 81
Re: invalidation re new matters
« Reply #1 on: Sep 6th, 2007, 10:19pm »		 Quote Quote Modify Modify
My best guess is that if the patent was enforced, a claim that is supported only by new matter would be invalid.  I would also guess that even if the new matter is not required to support any of the claims, there is still some chance that the entire patent would be ruled invalid, particularly if there are other problems with the patent.
« Last Edit: Sep 6th, 2007, 10:21pm by patentsusa » IP Logged
Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com
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