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Simple English definitions for legal terms
incorporate by reference
Read a random definition: consolidation of mortgages
A quick definition of incorporate by reference:
Definition: Incorporating by reference means taking language from one document and including it in another document. This is often done to make a secondary document a part of a primary document. It is like putting two puzzle pieces together to make one big puzzle. In contract law, the incorporated document must be described clearly in the contract. In patent law, one patent application can include information from another patent application. In pleading, incorporating by reference is when a litigant uses part of a prior court brief in an updated brief. In securities filings, incorporating by reference is when a company includes information from a prior filing in their current filing.
A more thorough explanation:
Incorporate by reference means to include language from one document into another document. This is often done to make a secondary document a part of a primary document. It is commonly used to refer to another text, and the receiving text would treat the incorporated text as though it were entirely integrated.
Contract Law: In contract law, if a document is incorporated by reference, it must be described in the contract clearly beyond doubt. For example, a contract may refer to a separate document that outlines the terms and conditions of the agreement.
Patent Law: In patent law, one patent application may include information from another patent application. This is done by explicitly including the information in the new application.
Pleading: In the context of pleading, incorporating by reference is when a litigant integrates part of a prior court brief into an updated brief. For example, a plaintiff may incorporate allegations contained in their original complaint into their amended complaint.
Securities Filings: In securities filings, incorporating by reference is used to make sure that a company met its prospectus delivery requirement before its public offering of securities. A registrant may integrate information from a prior filing into their current filing. For example, a company issuing securities through a Form S-3 may incorporate information from their periodic reports.
These examples illustrate how incorporating by reference is used in different areas of law to make sure that important information is included in a document. By incorporating information from another document, the receiving document can treat the incorporated information as though it were part of the original document.