What is an application filed by reference under 35 U.S.C. 111(c)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An application filed by reference under 35 U.S.C. 111(c) is a method of filing a nonprovisional patent application where the applicant refers to a previously filed application instead of submitting a new specification and drawings. Key points about this type of filing include:

• It’s available for applications filed on or after December 18, 2013.
• The reference must be made in English in an Application Data Sheet (ADS).
• The reference must specify the previously filed application by application number, filing date, and the intellectual property authority or country where it was filed.
• The applicant must submit a copy of the specification and drawings from the previously filed application within a specified time period.

The MPEP states: a reference made upon the filing of an application under 35 U.S.C. 111(a) to a previously filed application, indicating that the specification and any drawings of the application under 35 U.S.C. 111(a) are replaced by the reference to the previously filed application, and specifying the previously filed application by application number, filing date, and the intellectual property authority or country in which the previously filed application was filed, shall constitute the specification and any drawings of the application under 35 U.S.C. 111(a) for purposes of a filing date under § 1.53(b).