How can I incorporate material by reference in a patent application?
To properly incorporate material by reference in a patent application:
- Use the root words ‘incorporate’ and ‘reference’ (e.g., ‘incorporate by reference’) to express a clear intent to incorporate.
- Clearly identify the referenced patent, application, or publication.
- For essential material, only incorporate by reference to a U.S. patent or U.S. patent application publication.
- 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.’
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Topics:
Patent Law,
Patent Procedure