How should computer program listings be incorporated by reference in a patent application?
Incorporating computer program listings by reference in a patent application requires specific language and procedures. According to MPEP 608.05(a):
“A computer program listing contained on three or fewer sequential 8 ½ inch by 11 inch (or DIN A4) pages may be submitted either as drawings (in compliance with 37 CFR 1.84), as part of the written specification (in compliance with 37 CFR 1.52), or on compact disc (in compliance with 37 CFR 1.52(e)).“
For larger listings, the MPEP states:
“A computer program listing contained on more than three sequential 8 ½ inch by 11 inch (or DIN A4) pages must be submitted as ASCII text files (in compliance with 37 CFR 1.52(e)) via EFS-Web or on compact disc (in compliance with 37 CFR 1.52(e)) and an incorporation by reference of the material on the compact disc in compliance with 37 CFR 1.77(b)(5) is required.“
The incorporation by reference must include the file name, size in bytes, and creation date of the file containing the computer program listing.
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