What is the process for incorporating ASCII plain text files by reference in a patent application?

Incorporating ASCII plain text files by reference in a patent application involves the following process:

1. Include a separate paragraph in the specification that incorporates the material in the ASCII plain text file by reference.
2. This paragraph should identify the name of the ASCII text file, the date of creation, and the size of the file in bytes.
3. The incorporation by reference statement should follow the format specified in 37 CFR 1.77(b)(5).
4. If the incorporation by reference statement is omitted from the specification as originally filed, it must be added via amendment.
5. The examiner may require the applicant to amend the specification to include the incorporation by reference statement if it is missing.

It’s important to note that ASCII plain text files submitted on the application filing date are generally treated as part of the originally filed disclosure, even if the incorporation by reference statement is initially omitted. However, the statement is required to ensure clarity for the Office, printer, and public that the application includes the material in the ASCII plain text file.

To learn more:

• ASCII plain text
• incorporation by reference
• patent application
• specification