Can incorporation by reference under 37 CFR 1.57(b) be used to add material to a granted patent?

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states: “If, however, an application has been patented, a certificate of correction or a reissue application could not be used…

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What should the examiner do if there is an error in the pre-printed prior application data on the bib-data sheet?

If there is an error in the pre-printed prior application data on the bib-data sheet: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error. A petition for an unintentionally delayed benefit claim may also be required. If appropriate, the correction or entry…

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When is the latest a certified copy can be filed for the patent to include the foreign priority claim without a certificate of correction?

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected…

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