What are the conditions for using incorporation by reference under 37 CFR 1.57(b)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incorporation by Reference Under 37 CFR 1.57(b) MPEP 217 Required Amendment to Add Omitted Material Constitutes Inadvertence Certification MPEP 217 Priority Claim Must Be Present on Filing Date MPEP 217 Required Amendments Required for Inadvertently Omitted Material MPEP 217 Required Incorporation by Reference Cannot Alter International Filing Date MPEP 217 Prohibited Requirement for Applications Filed on or After September 21, 2004 MPEP 217 Required Amendment to Add Omitted Drawing Figure Required Within Time Period MPEP 217 Required Cannot Add Omitted Material After Patenting MPEP 217 Amendment to Add Figure 3 Permitted Within Time Limit MPEP 217 Permitted Omitted Material Not Included Without Amendment MPEP 217 Required Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.57(b) affect international appl...