What happens if a specific subject matter is found within the claims, drawings, or specification?

When specific subject matter is found within the claims, drawings, or specification of a patent application, it is considered claimed subject matter. This means that the elements, features, or concepts that are explicitly outlined in these parts of the application are included within the scope of what the applicant is asserting as their invention.

Claimed subject matter defines the boundaries of legal protection that the applicant is seeking. The claims delineate the specific aspects that the inventor believes to be novel and non-obvious over existing technologies. The presence of this subject matter in the claims indicates that the applicant intends to claim it as part of their invention for patenting purposes.

In contrast, elements related to new matter would imply that the subject matter is not originally disclosed in the application as filed and thus may necessitate a new filing or could potentially affect the integrity of the initial application. Similarly, while certain aspects of the subject matter may lead to a rejection if they fail to meet the patentability criteria (such as novelty and non-obviousness), they still remain part of what is being claimed unless the application is amended to remove them. Therefore, specifically identifying and confirming that certain subject matter is claimed is essential for determining a patent's scope and enforceability.