Does incorporation by reference under 37 CFR 1.57(b) apply to international patent applications?

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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. Incorporation by reference under 37 CFR 1.57(b) has limited applicability to international patent applications: It is only effective for the United States It does not affect the international filing date It cannot be used to accord an international filing date Requests to add omitted material will not be acted upon before national stage entry The MPEP states: “Any amendment to an international application pursuant to 37 CFR 1.57(b)(1) will be effective only as to the United States and shall have no effect on the international filing date of the application. The incorporation by reference relief provided in 37 CFR 1.57(b) cannot be relied upon to accord an international filing date to an international application that is not otherwise entitled to a filing date under PCT Article 11, and it cannot be relied upon to alter the international filing date accorded under PCT Article 11.” 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 Incorporation by Reference Cannot Alter International Filing Date MPEP 217 Prohibited Amendment to International Design Application Effective Only in the United States MPEP 217 Required Cannot Add Omitted Material After Patenting MPEP 217 Amendment to Include Omitted Material Not Permitted After Final Office Action MPEP 217 Permitted Priority Claim Must Be Present on Filing Date MPEP 217 Required Amendment to U.S. Application Only MPEP 217 Required Amendment to Add Figure 3 Permitted Within Time Limit MPEP 217 Permitted Amendment to Add Omitted Drawing Figure Required Within Time Period MPEP 217...