What are the conditions for using incorporation by reference under 37 CFR 1.57(b)?
There are several key conditions that must be met to use incorporation by reference under 37 CFR 1.57(b):
- The application must have been filed on or after September 21, 2004
- Material must have been inadvertently omitted from the application
- A priority or benefit claim to a prior-filed application must have been present on the filing date
- The omitted material must be completely contained in the prior-filed application
- An amendment to add the omitted material must be filed within the time period set by the USPTO
- Other requirements like supplying copies of prior applications may apply
As stated in the MPEP: “The following conditions and requirements need to be met for an applicant to add omitted material to an application pursuant to 37 CFR 1.57(b):” followed by a list of specific conditions labeled (A) through (I).
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