What conditions must be met to add omitted material under 37 CFR 1.57(b)?
The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b)
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- The application must have been filed on or after September 21, 2004
- All or a portion of the specification or drawing(s) must have been inadvertently omitted
- A priority claim under
37 CFR 1.55
or benefit claim under37 CFR 1.78
must have been present on the filing date - The omitted portion must be completely contained in the prior-filed application
- An amendment to include the omitted portion must be filed within a time period set by the Office
- If not otherwise entitled to a filing date, a petition under
37 CFR 1.53(e)
with the fee must also be filed - A copy of the prior-filed application must be supplied, except where the prior application was filed under
35 U.S.C. 111
- An English translation of any non-English prior-filed application must be supplied
- The location of the omitted portion in the prior-filed application must be identified
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 217-Incorporation by Reference Under 37 CFR 1.57(b),
Patent Law,
Patent Procedure