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

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.”