小弟認識這個片語來自於justpatent，節錄部分內容如下：
("If the charter, instead of writing out the requirements of Rev. Laws, 112, § 72, referred specifically to another document expressing them, and purported to incorporate it, of course the charter would have the same effect as if it itself contained the words .") (emphasis added); Black's Law Dictionary 907 (4th ed. 1968) (defining "incorporate" as "[t]o declare that another document shall be taken as part of the document in which the declaration is made as much as if it were set out at length therein"). Therefore, unless Congress deviated from this accepted norm, material is "in" the specification if it is incorporated by reference.
因此「incorporated by reference」的方式，是為求精簡而將參考文獻的內容整個引用作為本文的一部分。
"herein incorporated by reference in its entirety"
該參考文獻全部引用作為本說明書的一部分。[2023/02/09]
37 CFR§1.57：規定了一些使用incorporated by reference的規則。
Devices of this type are described in U.S. Pat. Nos. [1] 4,698,698 and [2] 5,698,698, all of which are incorporated herein by reference. Other similar devices of this type are also described in U.S. Pat. Nos. [3] 5,698,698, [4] 5,698,698, [5] 5,698,698 and [6] 5,698,698, all of which are incorporated herein by reference.
MPEP 201.13.II.G.
**>An applicant may incorporate by reference the foreign priority application by including, in the U.S. application-as-filed, an explicit statement that such specifically enumerated foreign priority 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). For U.S. applications filed prior to September 21, 2004, the incorporation by reference statement may appear in the transmittal letter or in the specification. The inclusion of this statement of incorporation by reference of the foreign priority application will permit an applicant to amend the U.S. application to include subject matter from the foreign priority application(s), without raising the issue of new matter. Thus, the incorporation by reference statement can be relied upon to permit the entering of a portion of the foreign priority application into the U.S. application when a portion of the foreign priority application has been inadvertently omitted from the U.S. application, or to permit the correction of translation error in the U.S. application where the foreign priority application is in a non-English language.
For U.S. applications filed on or after September 21, 2004, a claim under 37 CFR 1.55 for priority of a prior-filed foreign application that was present on the filing date of the U.S. application is considered an incorporation by reference of the prior-filed foreign priority application as to inadvertently omitted material, subject to the conditions and requirements of 37 CFR 1.57(a). The purpose of 37 CFR 1.57(a) is to provide a safeguard for applicants when all or a portion of the specification and/or drawing(s) is (are) inadvertently omitted from an application. For U.S. applications filed on or after September 21, 2004, applicants are encouraged to provide an explicit incorporation by reference statement to the prior-filed foreign priority application(s) for which priority is claimed under 37 CFR 1.55 if applicants do not wish the incorporation by reference to be limited to inadvertently omitted material pursuant to 37 CFR 1.57(a). See 37 CFR 1.57(b) and MPEP § 608.01(p) for discussion regarding explicit incorporation by reference.<
http://www.uspto.gov/web/offices/pac/mpep/documents/0600_608_01_p.htm
The following form paragraphs may be used:
¶ 6.19 Incorporation by Reference, Unpublished U.S. Application, Foreign Patent or Application, Publication
(c) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication , which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to:
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(f).
37 CFR§1.57：規定了一些使用incorporated by reference的規則。
Devices of this type are described in U.S. Pat. Nos. [1] 4,698,698 and [2] 5,698,698, all of which are incorporated herein by reference. Other similar devices of this type are also described in U.S. Pat. Nos. [3] 5,698,698, [4] 5,698,698, [5] 5,698,698 and [6] 5,698,698, all of which are incorporated herein by reference.
MPEP 201.13.II.G.
**>An applicant may incorporate by reference the foreign priority application by including, in the U.S. application-as-filed, an explicit statement that such specifically enumerated foreign priority 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). For U.S. applications filed prior to September 21, 2004, the incorporation by reference statement may appear in the transmittal letter or in the specification. The inclusion of this statement of incorporation by reference of the foreign priority application will permit an applicant to amend the U.S. application to include subject matter from the foreign priority application(s), without raising the issue of new matter. Thus, the incorporation by reference statement can be relied upon to permit the entering of a portion of the foreign priority application into the U.S. application when a portion of the foreign priority application has been inadvertently omitted from the U.S. application, or to permit the correction of translation error in the U.S. application where the foreign priority application is in a non-English language.
For U.S. applications filed on or after September 21, 2004, a claim under 37 CFR 1.55 for priority of a prior-filed foreign application that was present on the filing date of the U.S. application is considered an incorporation by reference of the prior-filed foreign priority application as to inadvertently omitted material, subject to the conditions and requirements of 37 CFR 1.57(a). The purpose of 37 CFR 1.57(a) is to provide a safeguard for applicants when all or a portion of the specification and/or drawing(s) is (are) inadvertently omitted from an application. For U.S. applications filed on or after September 21, 2004, applicants are encouraged to provide an explicit incorporation by reference statement to the prior-filed foreign priority application(s) for which priority is claimed under 37 CFR 1.55 if applicants do not wish the incorporation by reference to be limited to inadvertently omitted material pursuant to 37 CFR 1.57(a). See 37 CFR 1.57(b) and MPEP § 608.01(p) for discussion regarding explicit incorporation by reference.<
http://www.uspto.gov/web/offices/pac/mpep/documents/0600_608_01_p.htm
The following form paragraphs may be used:
¶ 6.19 Incorporation by Reference, Unpublished U.S. Application, Foreign Patent or Application, Publication
(c) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication , which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to:
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(f).
【 2023/02/09 】
參照元照英美法詞典。
incorporation by reference 參引合併
指在制定法律時，用參引的方式而並非以明示包含或重複的方式將原法律中的章節或更大部分並入後來的法律。 ( 撰)
Incorporation by reference - Wikipedia
In law, incorporation by reference is the act of including a second document within another document by only mentioning the second document. This act, if properly done, makes the entire second document a part of the main document.
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