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…

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What 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…

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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…

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