What is the purpose of 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. 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 inadvertently omitted from an application, such as through a clerical error. It allows inadvertently omitted material to be added to the application by way of a later-filed amendment if the inadvertently omitted portion is completely contained in a prior-filed application for which priority or benefit is claimed, even though there is no explicit incorporation by reference of the prior-filed application. 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 of Inadvertently Omitted Specification or Drawing Portions MPEP 217 Incorporation by Reference Cannot Alter International Filing Date MPEP 217 Prohibited Priority Claim Must Be Present on Filing Date MPEP 217 Required Material to be Added Must Be Explicitly Disclosed in Prior Application MPEP 217 Required Omitted Material Not Included Without Amendment MPEP 217 Required Omitted Portion of Specification Not Allowed Before National Stage MPEP 217 Omission of Specification or Drawing Safeguard MPEP 217 Identification of Omitted Material Required MPEP 217 Required Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.57(b) affect international applications? How do I amend my application to include inadvertently omitted material under 37 CFR 1.57(b)? What conditions must be met to add omitted material under 37 CFR 1.57(b)? What are the conditions for using incorporation by reference unde...