IP5 Offices - Preparing An IP5-Compatible Patent Application: Incorporation By Reference In The Written Description

The patent laws of the "IP5"¹ countries have set forth explicit patent disclosure requirements, that require the specification of every patent application to disclose the invention clearly and completely so that a person skilled in the art can practice the invention. In the previous article, we explored the differences in the application parts and the ordering of the application in the IP5 countries. In this article, we will explore incorporation by reference into the written description in the IP5 countries. In certain circumstances, applicants may wish to save time, cost, or space by incorporating the content of a separate document into their specification to supplement the application's specification. This incorporation by reference seeks to supplement the explicit disclosure provided in the application. The IP5 countries differ on their view of whether such incorporation is permitted and the formalities required to ensure the material is effectively incorporated