Legal Definitions - disconformity

Definition: Disconformity refers to the additional information in an amended patent application that deviates from the original disclosure.

Example: Let's say a company filed a patent application for a new type of smartphone. Later, they realized that they forgot to include some important details about the phone's camera. They amend the application to include this new information. However, since this information was not part of the original disclosure, it is considered disconformity.

This means that the new matter cannot carry the same filing date as the original application. Instead, it must be included in a continuation-in-part application.

Explanation: Disconformity occurs when an amended patent application includes new information that was not part of the original disclosure. This can happen when the applicant realizes that they forgot to include important details or when they come up with new ideas after filing the original application. In either case, the new matter cannot be given the same filing date as the original application and must be included in a continuation-in-part application.