How does 37 CFR 1.57(b) affect international applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. For international applications, 37 CFR 1.57(b)(1) specifies:n n Any amendment will only be effective as to the United States and shall have no effect on the international filing date n It cannot be relied upon to accord an international filing date or alter the filing date under PCT Article 11 n No request to add omitted material will be acted on prior to national stage entry under 37 CFR 1.491 or filing of a US application claiming benefit of the international application n Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incorporation by Reference Under 37 CFR 1.57(b) MPEP 217 Required Incorporation by Reference Cannot Alter International Filing Date MPEP 217 Prohibited Amendment to Add Omitted Material Constitutes Inadvertence Certification MPEP 217 Claiming Benefit of Prior Applications MPEP 217 Priority Claim Must Be Present on Filing Date MPEP 217 Required Cannot Add Omitted Material After Patenting MPEP 217 Omitted Material Not Included Without Amendment MPEP 217 Required Amendments Required for Inadvertently Omitted Material MPEP 217 Required Incorporate by Reference Prohibits Use of This Form Paragraph MPEP 217 Recommended Omitted Portion of Specification Not Allowed Before National Stage MPEP 217 Other Related FAQs 5 FAQs Collapse How do I amend my application to include inadvertently omitted material under 37 CFR 1.57(b)? What conditions must be met to add omitted material under 37 CFR 1.57(b)? What are the conditions for using incorporation by reference under 37 CFR 1.57(b)? What is incorporation by reference under 37 CFR 1.57(b)? Can incorporation by reference under 37 CFR 1.57(b) be used to add material to a granted patent?