1. A method of making a secondary document part of a primary document by including in the primary document a statement that the secondary document should be treated as if it were contained within the primary one. • With a contract, the document to be incorporated must be referred to and described in the contract in such a way that the document’s identity is clear beyond doubt. With a will, the rule applies only to clearly identified writings that existed when the testator signed the will. Unif. Probate Code § 2-510. Not all jurisdictions follow this rule for either contracts or wills. — Often shortened to incorporation. — Also termed adoption by reference.
2. Patents. The explicit inclusion in one patent application of information already contained in another document, such as another patent or patent application. • Generally, the reference must be to a U.S. patent or application if the information is essential (i.e., the description, enabling disclosure, or best mode), but otherwise it may be to a foreign patent or a nonpatent publication. Incorporation by reference is often used in a continuing application to cite the disclosure contained in a parent application. Cf. CROSS-REFERENCE. [Cases: Patents 99. C.J.S. Patents § 139.]
3. Patents. The inclusion in a patent claim of information from an external drawing or table. • Incorporation by reference is a necessity doctrine, available when there is no other practical way to convey the information in words, and when it is more concise and clear to refer the examiner to the graphic element.
