How can a nonprovisional application be filed by reference to a previously filed application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.