What are the requirements for incorporating material from a prior-filed application under 37 CFR 1.57(b)?

To incorporate material from a prior-filed application under 37 CFR 1.57(b), several requirements must be met:

1. The inadvertently omitted portion must be completely contained in the prior-filed application.
2. A copy of the prior-filed application must be submitted (except for applications filed under 35 U.S.C. 111).
3. If the prior-filed application is in a non-English language, an English language translation must be submitted.
4. The applicant must identify where the inadvertently omitted portion can be found in the prior-filed application.

The MPEP states that an amendment may not comply with 37 CFR 1.57(b) if any of these conditions are not met. For example, it notes that non-compliance may occur if the inadvertently omitted portion is not completely contained in the prior-filed application or if applicant did not identify where the inadvertently omitted portion of the specification or drawings can be found in the prior-filed application.

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.

For more information on patent application requirements, visit: patent application requirements.

For more information on prior-filed application, visit: prior-filed application.