amending an application

[pmarlow]

What is the name of your state? CA

May I amend (without using a CIP) an existing non-provisional utility application to include new matter if that new matter is not used to support any claims?

Since I am making amendments anyway to correct errors by my attorney, I'd like to conveniently describe a few new minor features of my invention to put them into the public domain to prevent others from later claiming these as improvements to my invention.

Thank you.

 

[divgradcurl]

What is the name of your state? CA

May I amend (without using a CIP) an existing non-provisional utility application to include new matter if that new matter is not used to support any claims?

Since I am making amendments anyway to correct errors by my attorney, I'd like to conveniently describe a few new minor features of my invention to put them into the public domain to prevent others from later claiming these as improvements to my invention.

Thank you.

No, you cannot amend a provisional. You might want to read here for more information: http://www.houstonpatentlaw.com/patents/provisional-patent.html

 

[pmarlow]

Thank you ... but in the case of a non-provisional application?

I wish there was another term in use to describe the NPA, like a "conclusive application" or "definitive application".

 

[divgradcurl]

Sorry, misread your post.

You can generally preliminarily amend a nonprovisional application (amend before an office action), but it is impermissible to add new matter to the specification. See MPEP 706.03(o).