How can I incorporate material by reference in a patent 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.

To properly incorporate material by reference in a patent application:

1. Use the root words ‘incorporate’ and ‘reference’ (e.g., ‘incorporate by reference’) to express a clear intent to incorporate.
2. Clearly identify the referenced patent, application, or publication.
3. For essential material, only incorporate by reference to a U.S. patent or U.S. patent application publication.
4. For nonessential material, you may incorporate by reference to U.S. patents, U.S. patent application publications, foreign patents, foreign published applications, prior and concurrently filed commonly owned U.S. applications, or non-patent publications.

As stated in 37 CFR 1.57(c): ‘An incorporation by reference must be set forth in the specification and must: (1) Express a clear intent to incorporate by reference by using the root words ‘incorporat(e)’ and ‘reference’ (e.g., ‘incorporate by reference’); and (2) Clearly identify the referenced patent, application, or publication.’