A member of the PCT listserv recently posted a question in that listserv:
Hello everyone.
Are there any nuances or limitations to incorporating the content of a provisional application by reference in a PCT application (other than, I believe, including such statement in the request and the requirement that the application disclosure to be incorporated is a valid priority application)? The goal is to preserve the less important disclosure of a somewhat lengthy provisional application for use later on, if needed, even possibly after filing national applications. I plan to trim much of the provisional app disclosure in the PCT application to save costs.
Also, are there time limits or deadlines to actually add the material to the current application from the previous application that was incorporated by reference? I am sure this is country specific. But, any general input would be appreciated.
The general answer is “don’t try to incorporate by reference in a PCT application”. Continue reading “Incorporation by reference in a PCT application?”