How can a nonprovisional application be filed by reference to a previously filed application?
As of December 18, 2013, a nonprovisional application can be filed by referencing a previously filed application, which replaces the need to submit a new specification and drawings.
The MPEP states: As provided in 35 U.S.C. 111(c), a nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013 may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.
(MPEP § 702)
This provision allows for a streamlined filing process, particularly useful when building upon existing patent applications. However, applicants should ensure that the referenced application fully supports any claims in the new application.
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