Jan 14, 2006 10:20
18 yrs ago
30 viewers *
English term

Discussion

Bill Lao (asker) Jan 14, 2006:
Thanks every body. But what puzzling me are: What does 'incorporated' means here? And what does 'reference' means? Does 'reference' means 'A note in a publication referring the reader to another passage or source'?

Responses

+4
16 mins
Selected

The act of citing the us patents in this document should be construed as incorporation...

I think it means the citing of any us patent in the document should be treated as formal incorporation by reference.

Normally a mere reference to material does not convey an intent to incorporate the material by reference. Here it is being specifically stated that such an intent exists.

Please see this website for additional details:

http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_...

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Note added at 23 hrs 16 mins (2006-01-15 09:37:39 GMT)
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Incorporation by reference;
(from a different section of the above website)

Incorporation by reference of part of an application in a U.S. patent application publication or a U.S. patent constitutes a special circumstances under 35 U.S.C. 122(a) warranting that access to that part of the original disclosure of the application be granted on petition. The incorporation by reference will be interpreted as a waiver of confidentiality of only that part of the original disclosure as filed, and not the entire application file.

http://www.uspto.gov/web/offices/pac/mpep/documents/0100_103...

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Another citation from the website:

INCORPORATION BY REFERENCE
**>An applicant may incorporate by reference the prior application by including, in the continuation or divisional application-as-filed, an explicit statement that such specifically enumerated prior application or applications are "hereby incorporated by reference." The statement must appear in the specification. See 37 CFR 1.57(b) and MPEP § 608.01(p). The inclusion of this incorporation by reference statement will permit an applicant to amend the continuation or divisional application to include subject matter from the prior application(s), without the need for a petition provided the continuation or divisional application is entitled to a filing date notwithstanding the incorporation by reference. For applications filed prior to September 21, 2004, the incorporation by reference statement may appear in the transmittal letter or in the specification. Note that for applications filed prior to September 21, 2004, if applicants used a former version of the transmittal letter form provided by the USPTO, the incorporation by reference statement could only be relied upon to add inadvertently omitted material to the continuation or divisional application.

http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201...

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I suggest that you explore this website using its index, which is available at:

http://www.uspto.gov/web/offices/pac/mpep/documents/smi.htm
Peer comment(s):

agree Dave Calderhead
4 mins
Thank you.
agree Brie Vernier
11 mins
Thank you.
agree Can Altinbay
3 hrs
Thank you.
agree Jörgen Slet
9 hrs
Thank you.
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4 KudoZ points awarded for this answer. Comment: "Thanks everybody!I do think Ms.Brie Vernier and Mr.Balasubramaniam are most helpful, but it is dificult for me to choose which is most helpful or most correct! So I just random to choose one and thanks all the participants!! India"
-1
1 hr

...patents that are mentioned below in this document are included in every detail as points of refer

...patents that are mentioned below in this document are included in every detail as points of reference.
Peer comment(s):

disagree Brie Vernier : NOT as "points of reference" - it is much more comprehensive than that//It makes no difference what follows, this is a standard phrase in U.S. patents. See also Balasubramaniam's reference.
18 mins
I am not in the position of knowing what follows in the text. It may as well be "points of reference", namely 1,2,3 etc or a more extensive and thorough description.
Something went wrong...
+6
17 mins

by virtue of the fact that we mention the patents below

(i.e. make reference to them), it is as if we had included everything they claim in our own application.

In other words, we are trying to cover all possible bases.

This is permissible in the U.S., but not in Europe.

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Note added at 13 hrs 39 mins (2006-01-15 00:00:49 GMT)
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incorporated = made part of -- see Webster: 1. Make into a whole or make part of a whole; "She incorporated his suggestions into her proposal". 2. Include or contain; have as a component; "A totally new idea is comprised in this paper"; "The record contains many old songs from the 1930's".
http://www.websters-online-dictionary.org/definition/incorpo...

by reference = by referring to / by mentioning [the cited documents] -- see Webster (reference): 1. A remark that calls attention to something or someone; "she made frequent mention of her promotion"; "there was no mention of it"; "the speaker made several references to his wife".
http://www.websters-online-dictionary.org/definition/referen...
Peer comment(s):

agree Dave Calderhead : Yes - they are also covered in the application because of references to them
3 mins
Thanks, Dave
agree Can Altinbay
3 hrs
Thanks, Can
agree Alfa Trans (X)
4 hrs
Thanks, Marju
agree Dorene Cornwell : Agree with David too
6 hrs
Thanks, Dorene
agree Jörgen Slet
9 hrs
Thanks, Jörgen
agree Romanian Translator (X)
2 days 13 hrs
Thanks, Awana
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5 mins

are considered entirely reported herein for reference

it means that it is as if said patents were all included in the document - a patent application, I suppose - as a reference.

Hope to have understood your question correctly :)

HTH
Carla

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Note added at 23 hrs 19 mins (2006-01-15 09:40:25 GMT)
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incorporated here means 'virtually included' (i.e. they are actually not, but it is as if they were)

'by reference' here means that one can take such patents winto account when examining the document (i.e. the one you are translating). It is no additional note. Hope it helps.
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