What are the common reasons for non-compliance with 37 CFR 1.57(b)?

The MPEP outlines several reasons why an amendment might not comply with 37 CFR 1.57(b). These include:

• The application was filed before September 21, 2004 (the effective date of the provisions)
• The claim for priority/benefit of the prior-filed application was not present on the filing date
• The omitted portion is not completely contained in the prior-filed application
• A copy of the prior-filed application was not submitted (except for applications filed under 35 U.S.C. 111)
• An English language translation of a non-English prior-filed application was not submitted
• The applicant did not identify where the omitted portion can be found in the prior-filed application

If any of these conditions are not met, the examiner will state that the amendment to add inadvertently omitted material pursuant to 37 CFR 1.57(b) filed [date] is not in compliance with 37 CFR 1.57(b) because [specific reason].

For more information on 37 CFR 1.57(b), visit: 37 CFR 1.57(b).

For more information on incorporation by reference, visit: incorporation by reference.