Does incorporation by reference under 37 CFR 1.57(b) apply to international patent applications?

Incorporation by reference under 37 CFR 1.57(b) has limited applicability to international patent applications:

  • It is only effective for the United States
  • It does not affect the international filing date
  • It cannot be used to accord an international filing date
  • Requests to add omitted material will not be acted upon before national stage entry

The MPEP states: “Any amendment to an international application pursuant to 37 CFR 1.57(b)(1) will be effective only as to the United States and shall have no effect on the international filing date of the application. The incorporation by reference relief provided in 37 CFR 1.57(b) cannot be relied upon to accord an international filing date to an international application that is not otherwise entitled to a filing date under PCT Article 11, and it cannot be relied upon to alter the international filing date accorded under PCT Article 11.”

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(b), incorporation by reference, international patent applications, PCT applications