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When does editing the disclosure and/or claims for use in nonprovisional app, said disclosure and claims first disclosed in a provisional patent, constitute the addition of "New matter?"

Said in another way, must one repeat, verbatim, the disclosure of the provisional application to avoid the charge of "introduction of new matter?"

Similarly, can you "clean up" or edit any claims in the nonprovisional app that were first stated in the provisional application?

I primarily want to clean up language, etc., and rewrite claims more "efficiently" but without changing the semantics of the claims (at least that is the intent).

I want to maintain claimed priority to the provisional and do not want to "introduce new matter."

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1 Answer 1

You are in luck. This is a non-issue.

A non-provisional patent application can get the benefit of one or more provisional applications and there is almost always more information in the non-provisional. The new matter restriction occurs in two cases. One is that, once filed, an application can be amended but nothing can add new matter to that application beyond what was originally filed. Second, an application that you designate as a continuation or divisional application can't have new mater relative to the chain of parent patent applications it comes from.

Make the non-provisional as good as you can with as much information as is relevant.

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