Can incorporation by reference under 37 CFR 1.57(b) be used to add material to a granted patent?
No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:
“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”
Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.
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