Patent Law FAQ

Q: What is the purpose of 37 CFR 1.57(b)?

The purpose of 37 CFR 1.57(b) is to provide a safeguard for applicants when a page(s) of the specification, or a portion thereof, or a sheet(s) of the drawing(s), or a portion thereof, is inadvertently omitted from an application, such as through a clerical error. It allows inadvertently omitted material to be added to the application by way of a later-filed amendment if the inadvertently omitted portion is completely contained in a prior-filed application for which priority or benefit is claimed, even though there is no explicit incorporation by reference of the prior-filed application.

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Search::

c Expand All C Collapse All

Here’s the complete FAQ:

What is the purpose of 37 CFR 1.57(b)?

The purpose of 37 CFR 1.57(b) is to provide a safeguard for applicants when a page(s) of the specification, or a portion thereof, or a sheet(s) of the drawing(s), or a portion thereof, is inadvertently omitted from an application, such as through a clerical error. It allows inadvertently omitted material to be added to the application by way of a later-filed amendment if the inadvertently omitted portion is completely contained in a prior-filed application for which priority or benefit is claimed, even though there is no explicit incorporation by reference of the prior-filed application.

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

Tags: 37 cfr 1.57, clerical errors, incorporation by reference, later-filed amendment, omitted material

Permalink: