Define: Disconformity

In patents, the term “disconformity” refers to the inclusion of additional information in an amended patent application that differs from the original disclosure. This new information cannot be given the same filing date as the original application and must be included in a continuation-in-part application. Essentially, disconformity indicates the addition of new content to the patent application that was not initially disclosed.

Disconformity refers to the inclusion of additional information in an amended patent application that deviates from the original disclosure. For instance, if a company initially filed a patent application for a new smartphone but later realised that they had omitted crucial details about the phone’s camera, they would amend the application to include this new information. However, since this information was not part of the original disclosure, it is considered disconformity. Consequently, the new matter cannot be assigned the same filing date as the original application and must be included in a continuation-in-part application. In summary, disconformity occurs when an amended patent application contains new information that was not originally disclosed. This can happen when the applicant realises important details were omitted or when new ideas arise after filing the original application. In either case, the new matter must be included in a continuation-in-part application and cannot be given the same filing date as the original application.

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This glossary post was last updated: 16th April 2024.