What is incorporation by reference in patent applications?

Incorporation by reference is a method of including the content of another document in a patent application without repeating the entire text. The MPEP Section 2163.07(b) explains:

“Instead of repeating some information contained in another document, an application may attempt to incorporate the content of another document or part thereof by reference to the document in the text of the specification. The information incorporated is as much a part of the application as filed as if the text was repeated in the application, and should be treated as part of the text of the application as filed.”

This technique allows applicants to efficiently include relevant information from other sources. It’s important to note that:

• The incorporated material becomes part of the application as if it were explicitly written in the text.
• Replacing the identified incorporated material with the actual text is not considered new matter.
• Proper incorporation by reference must follow the guidelines set forth in 37 CFR 1.57 and MPEP § 608.01(p).

To learn more:

• incorporation by reference
• patent applications
• MPEP 2163.07(b)