Incorporation by reference (patents)
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* 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. ''Source'': [https://www.uspto.gov/ 2163.07(b) Incorporation by Reference [R-11.2013<nowiki>]</nowiki>]. | * 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. ''Source'': [https://www.uspto.gov/ 2163.07(b) Incorporation by Reference [R-11.2013<nowiki>]</nowiki>]. | ||
| − | == Example( ) == | + | == Example(s) == |
* This application claims the benefit of US Provisional Application Nos. XX / XXX,XXX, filed on M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, and filed on M. DD, YYYY which are ''incorporated herein by reference'' in their entirety. | * This application claims the benefit of US Provisional Application Nos. XX / XXX,XXX, filed on M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, and filed on M. DD, YYYY which are ''incorporated herein by reference'' in their entirety. | ||
| − | == | + | == Remark(s) == |
* Incorporation by reference is not allowed in every country. EPA advises: “If not essential, the usual expression ''which is hereby incorporated by reference'', or any expression of the same kind, needs to be deleted from the description. | * Incorporation by reference is not allowed in every country. EPA advises: “If not essential, the usual expression ''which is hereby incorporated by reference'', or any expression of the same kind, needs to be deleted from the description. | ||
| − | If matter in the document referred to is essential to satisfy the requirements of Art. 83, the examining division requires the deletion of the above-mentioned expression and that, instead, the matter is expressly incorporated into the description, because the patent specification must, regarding the essential features of the invention, be self-contained, i.e. capable of being understood without reference to any other document. Furthermore reference documents are not part of the text to be translated pursuant to Art. 65 (T 276/99).” ''Source'': [https://www.epo.org Guidelines for Examination, 8. Reference documents]. | + | If matter in the document referred to is essential to satisfy the requirements of Art. 83, the examining division requires the deletion of the above-mentioned expression and that, instead, the matter is expressly incorporated into the description, because the patent specification must, regarding the essential features of the invention, be self-contained, i.e. capable of being understood without reference to any other document. Furthermore reference documents are not part of the text to be translated pursuant to Art. 65 (T 276/99).” ''Source'': [https://www.epo.org Guidelines for Examination, 8. Reference documents]. |
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Revision as of 21:00, 26 October 2019
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- 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. ''Source'': [https://www.uspto.gov/ 2163.07(b) Incorporation by Reference [R-11.2013
] ].
== Example( ) ==
- This application claims the benefit of US Provisional Application Nos. XX / XXX,XXX, filed on M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, and filed on M. DD, YYYY which are ''incorporated herein by reference'' in their entirety.
== Remarks ==
- Incorporation by reference is not allowed in every country. EPA advises: “If not essential, the usual expression ''which is hereby incorporated by reference'', or any expression of the same kind, needs to be deleted from the description.
If matter in the document referred to is essential to satisfy the requirements of Art. 83, the examining division requires the deletion of the above-mentioned expression and that, instead, the matter is expressly incorporated into the description, because the patent specification must, regarding the essential features of the invention, be self-contained, i.e. capable of being understood without reference to any other document. Furthermore reference documents are not part of the text to be translated pursuant to Art. 65 (T 276/99).” ''Source'': [https://www.epo.org Guidelines for Examination, 8. Reference documents].
|TermStatus=Supervisor
}}- eng -
Contents |
Translations
| Language | Link |
|---|---|
| deu | Aufnahme durch Bezugnahme |
| fra | incorporation par référence |
Definition(s)
- 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. Source: 2163.07(b) Incorporation by Reference [R-11.2013].
Example(s)
- This application claims the benefit of US Provisional Application Nos. XX / XXX,XXX, filed on M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, XX / XXX,XXX, filed M. DD, YYYY, and filed on M. DD, YYYY which are incorporated herein by reference in their entirety.
Remark(s)
- Incorporation by reference is not allowed in every country. EPA advises: “If not essential, the usual expression which is hereby incorporated by reference, or any expression of the same kind, needs to be deleted from the description.
If matter in the document referred to is essential to satisfy the requirements of Art. 83, the examining division requires the deletion of the above-mentioned expression and that, instead, the matter is expressly incorporated into the description, because the patent specification must, regarding the essential features of the invention, be self-contained, i.e. capable of being understood without reference to any other document. Furthermore reference documents are not part of the text to be translated pursuant to Art. 65 (T 276/99).” Source: Guidelines for Examination, 8. Reference documents.
