What is incorporation by reference under 37 CFR 1.57(b)?

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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. Incorporation by reference under 37 CFR 1.57(b) is a provision that allows applicants to add inadvertently omitted material to a patent application if certain conditions are met. Specifically: The application must contain a priority or benefit claim to a prior-filed application The omitted material must be completely contained in that prior-filed application The omission must have been inadvertent This provision acts as a safeguard for applicants when material is accidentally left out of an application due to clerical error. As stated in the MPEP, “The purpose of 37 CFR 1.57(b) is to provide a safeguard for applicants when a page(s) of the specification, or a portion thereof, or a sheet(s) of the drawing(s), or a portion thereof, is (are) inadvertently omitted from an application, such as through a clerical error.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incorporation by Reference Under 37 CFR 1.57(b) MPEP 217 Required Amendments Required for Inadvertently Omitted Material MPEP 217 Required Incorporation by Reference Cannot Alter International Filing Date MPEP 217 Prohibited Incorporation of Inadvertently Omitted Specification or Drawing Portions MPEP 217 Priority Claim Must Be Present on Filing Date MPEP 217 Required Omitted Material Not Included Without Amendment MPEP 217 Required Amendment to Add Omitted Material Constitutes Inadvertence Certification MPEP 217 Material to be Added Must Be Explicitly Disclosed in Prior Application MPEP 217 Required Identification of Omitted Material Required MPEP 217 Required Last Page of Specification Omitted from Applications MPEP 217 Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.57(b) affect international app...