How does incorporation by reference work in continuation applications?
Incorporation by reference can be an important tool in continuation applications, allowing applicants to include material from prior applications. The MPEP provides detailed guidance on this topic: For applications filed on or after September 21, 2004: An applicant may incorporate by reference the prior application by including, in the continuing application-as-filed, an explicit statement that…
Read MoreWhat is the effect of incorporating by reference a prior application in a continuation or divisional application?
Incorporating by reference a prior application in a continuation or divisional application can provide important benefits: It allows the applicant to amend the continuing application to include subject matter from the prior application without the need for a petition, provided the continuing application is entitled to a filing date. For applications filed on or after…
Read MoreWhat 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…
Read MoreWhat conditions must be met to add omitted material under 37 CFR 1.57(b)?
The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n n The application must have been filed on or after September 21, 2004 n All or a portion of the specification or drawing(s) must have been inadvertently omitted n A priority claim under 37 CFR…
Read MoreHow does 37 CFR 1.57(b) affect international applications?
For international applications, 37 CFR 1.57(b)(1) specifies:n n Any amendment will only be effective as to the United States and shall have no effect on the international filing date n It cannot be relied upon to accord an international filing date or alter the filing date under PCT Article 11 n No request to add…
Read More