Patent Law FAQ

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

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1. The application must have been filed on or after September 21, 2004
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2. All or a portion of the specification or drawing(s) must have been inadvertently omitted
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3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date
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4. The omitted portion must be completely contained in the prior-filed application
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5. An amendment to include the omitted portion must be filed within a time period set by the Office
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6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed
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7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111
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8. An English translation of any non-English prior-filed application must be supplied
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9. The location of the omitted portion in the prior-filed application must be identified

There are several key conditions that must be met to use incorporation by reference under 37 CFR 1.57(b):

1. The application must have been filed on or after September 21, 2004
2. Material must have been inadvertently omitted from the application
3. A priority or benefit claim to a prior-filed application must have been present on the filing date
4. The omitted material must be completely contained in the prior-filed application
5. An amendment to add the omitted material must be filed within the time period set by the USPTO
6. 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).

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

There are several key conditions that must be met to use incorporation by reference under 37 CFR 1.57(b):

1. The application must have been filed on or after September 21, 2004
2. Material must have been inadvertently omitted from the application
3. A priority or benefit claim to a prior-filed application must have been present on the filing date
4. The omitted material must be completely contained in the prior-filed application
5. An amendment to add the omitted material must be filed within the time period set by the USPTO
6. 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).

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

There are several key conditions that must be met to use incorporation by reference under 37 CFR 1.57(b):

1. The application must have been filed on or after September 21, 2004
2. Material must have been inadvertently omitted from the application
3. A priority or benefit claim to a prior-filed application must have been present on the filing date
4. The omitted material must be completely contained in the prior-filed application
5. An amendment to add the omitted material must be filed within the time period set by the USPTO
6. 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).

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

There are several key conditions that must be met to use incorporation by reference under 37 CFR 1.57(b):

1. The application must have been filed on or after September 21, 2004
2. Material must have been inadvertently omitted from the application
3. A priority or benefit claim to a prior-filed application must have been present on the filing date
4. The omitted material must be completely contained in the prior-filed application
5. An amendment to add the omitted material must be filed within the time period set by the USPTO
6. 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).