Legal Definitions - new matter

New matter refers to information, facts, or arguments introduced into a legal proceeding or document that were not present in the original filing or initial stages of the case, and which often raise new issues. The concept of new matter is particularly important in two main areas:

• In Litigation (Court Cases): This occurs when a party in a lawsuit introduces new facts or legal arguments in their written submissions (called "pleadings") that go beyond simply responding to the other side's claims. These new elements introduce issues that were not part of the original dispute as initially laid out. Rules of civil procedure often make it more difficult to introduce new matter as a case progresses towards trial.
• In Patent Law: This refers to information added to a patent application or an already issued patent that was not described in the original application. Patent law generally restricts the introduction of new matter to ensure that the scope of the patent is based on what was originally disclosed to the patent office.

Here are some examples illustrating the concept of new matter:

• Example 1 (Litigation - Amending Pleadings):

  A software development company (Defendant) is sued by a client (Plaintiff) for breach of contract, alleging the company failed to deliver a custom application on time. In its initial response to the lawsuit, the software company simply denied the allegations, stating they met all deadlines. Later, the company attempts to amend its response to claim that the client actually caused the delays by repeatedly changing the project's scope and refusing to provide necessary feedback, a defense not mentioned before.

  Explanation: The claim that the client caused delays due to scope changes and lack of feedback constitutes "new matter." It introduces a new set of facts and a new legal argument (that the client is responsible for the delay) that was not part of the software company's original denial. This new defense would require the court to consider issues not initially presented in the lawsuit, potentially delaying the proceedings and requiring additional discovery.

• Example 2 (Patent Law - Patent Application):

  An inventor files a patent application for a novel water filtration system. The initial application describes the system's unique filter material and its purification process. Several months later, the inventor realizes they forgot to include details about a newly developed, energy-efficient pump mechanism that is integral to the system's operation and significantly improves its performance. They try to add this information to their existing patent application.

  Explanation: The details about the energy-efficient pump mechanism would be considered "new matter" because this specific feature and its description were not present in the original patent application as filed. Patent law generally prohibits adding such new information to an existing application, as it could unfairly broaden the scope of the invention beyond what was initially disclosed to the public and the patent office. The inventor would likely need to file a separate application for the pump mechanism or a new application for the entire system, including the pump, if they wish to protect it.

• Example 3 (Patent Law - Reissuing an Issued Patent):

  A company holds a patent for a specialized medical diagnostic device. Years after the patent was granted, they discover a minor error in the original patent's written description that, if uncorrected, could lead to confusion about one of the device's components. They apply to the patent office to correct this error. However, during the correction process, they also try to add a description of a new, advanced sensor technology they recently integrated into the device, which was not part of the original patented invention.

  Explanation: While correcting a minor error in the description might be permissible under certain circumstances, attempting to add a description of the *new, advanced sensor technology* would be considered "new matter." This sensor technology was not disclosed or claimed in the original patent application or the issued patent. Introducing it now would fundamentally alter or expand the scope of the granted patent, which is generally not allowed under patent law provisions for amendments or reissues.