Can a reference to a prior application be added after filing?
Yes, a reference to a prior application can be added after filing, but there are specific procedures and limitations to be aware of. According to MPEP 211.02:
If an applicant includes a reference to a prior application elsewhere in the application but not in the first sentence(s) of the specification, and the application is otherwise complete, OPAP will mail a ‘Notice to File Missing Parts’ giving the applicant an opportunity to correct the reference to the prior application. If the application is otherwise incomplete, OPAP will mail a Notice to File Missing Parts, and the applicant can amend the specification to include the reference to the prior application in addition to completing the application.
However, it’s important to note that adding a reference to claim priority benefits has strict time limitations. As per MPEP 211.03:
A petition under 37 CFR 1.78 and the petition fee would be required to add or correct a reference to a prior application in an application after expiration of the time period set in 37 CFR 1.78(a)(4), (b)(3), (c)(3), or (e)(4).
Therefore, while it’s possible to add or correct a reference after filing, it’s always best to include the correct reference in the initial filing to avoid potential complications or the need for petitions.
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