What happens if the reference to a prior application is not in the first sentence of the specification?
If the reference to a prior application is not in the first sentence of the specification, it may still be acceptable under certain conditions. According to MPEP 211.02:
If the reference to the prior application is not in the first sentence of the specification, it may be given limited review. For example, if an application is filed with a preliminary amendment which is present on filing and which contains a reference to the prior application, the application will be taken up for review by the Office of Patent Application Processing (OPAP). OPAP will mail a ‘Notice of Incomplete Application’ indicating that the reference to the prior application needs to be in the first sentence(s) of the specification.
In such cases, the applicant will be given an opportunity to correct the placement of the reference. It’s important to note that while this situation can be remedied, it’s always best practice to include the reference in the first sentence of the specification to avoid potential delays or complications.
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