Monday, August 22 2022   \  Published by SPRUSON & FERGUSON.

The Practice of Incorporation by Reference in Patent Specifications

Key takeaways

a. Cross -references to other documents merely to provide background information or prior art, or to illustrate subsidiary features, are not objectionable provided that the documents was publicly available on or before the filing date of the complete specification.

b. When a document is explicitely incorporated by reference to avoid disclosing matter which is required in order to perform the invention in any of the forms that are claimed, an amendment is required to insert the relevant cross-referenced material before the application can be accepted. Read more

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