How do I amend my application to include inadvertently omitted material under 37 CFR 1.57(b)?

To amend your application to include inadvertently omitted material under 37 CFR 1.57(b), you must:

1. File an amendment to include the omitted material within the time period set by the USPTO
2. Ensure the amendment is filed before the close of prosecution or abandonment of the application
3. Supply a copy of the prior-filed application (unless it’s a US application filed under 35 U.S.C. 111)
4. Provide an English translation if the prior-filed application is in a foreign language
5. Identify where the omitted material can be found in the prior-filed application

The MPEP states: “The application must be amended to include the inadvertently omitted portion of the specification or drawing(s) within any time period set by the Office, but in no case later than the close of prosecution as defined by 37 CFR 1.114(b), or abandonment of the application, whichever occurs earlier.”