Can I incorporate material by reference in a provisional patent application?
Yes, you can incorporate material by reference in a provisional patent application. The limitations on incorporation by reference that apply to non-provisional applications do not apply to provisional applications or applications relied on only to establish an earlier effective filing date.
As stated in the MPEP: ‘The limitations on the material which may be incorporated by reference in U.S. patent applications which are to issue as U.S. patents do not apply to applications relied on only to establish an earlier effective filing date under 35 U.S.C. 119 or 35 U.S.C. 120.’
However, it’s important to note that the incorporation by reference must still be clear and properly executed to be effective.
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Topics:
Patent Law,
Patent Procedure