Legal Definitions - new matter

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.