HopefullyInLawSchool
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Simple English definitions for legal terms
new matter
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A quick definition of new matter:
New matter refers to new information or arguments presented in a legal case or patent application. In a legal case, it means presenting new issues beyond just denying the allegations. Parties can amend their pleadings to include new matter, but it becomes more difficult as the case approaches trial. In patent prosecution, new matter is additional information added to a patent. Patent holders can amend their patents, potentially adding new matter, but applicants cannot introduce new matter during reexamination of their application.
A more thorough explanation:
Definition: New matter refers to additional information or arguments presented in a legal pleading or patent application that go beyond just denying the allegations or claims made.
Example 1: In a legal case, if a party wants to introduce new facts or arguments that were not included in their original pleading, they must seek permission from the court to amend their pleading. This is governed by Federal Rule of Civil Procedure, Rule 15. However, as the case approaches trial, it becomes more difficult to amend the pleadings.
Example 2: In the context of patent prosecution, new matter refers to additional information added to a patent application. Patent holders can amend their patents under 35 U.S.C. §§ 251-256, potentially adding new matter. However, if an applicant's patent is rejected and they seek reexamination of their application, they are prohibited from introducing new matter under 35 U.S.C. § 132.
These examples illustrate how new matter can be introduced in legal proceedings or patent applications, but there are rules and limitations on when and how it can be done.