How can an applicant incorporate by reference a prior application in a continuing 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.

An applicant can incorporate by reference a prior application in a continuing application by including an explicit statement in the specification of the continuing application. The MPEP states: An applicant may incorporate by reference the prior application by including, in the continuing application-as-filed, an explicit statement that such specifically enumerated prior application or applications are ‘hereby incorporated by reference.’ The statement must appear in the specification. This incorporation by reference can be useful for adding inadvertently omitted material from the prior application without the need for a petition, provided the continuing application is entitled to a filing date.