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Simple English definitions for legal terms
incorporation by reference
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A quick definition of incorporation by reference:
Definition: Incorporation by reference is a way of making one document part of another document by saying that the second document should be treated as if it were included in the first one. This is often used in contracts and wills, where a separate document is referred to and described in such a way that its identity is clear. It can also be used in patents, where information from one patent or patent application is included in another one. This is done when there is no other practical way to convey the information in words, and when it is more concise and clear to refer to a graphic element.
A more thorough explanation:
Definition: Incorporation by reference is 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.
For example, in a contract, a document can be incorporated by reference if it is referred to and described in the contract in such a way that the document's identity is clear beyond doubt. This means that the secondary document becomes a part of the contract and is legally binding.
In patents, incorporation by reference is the explicit inclusion in one patent application of information already contained in another document, such as another patent or patent application. This is often used in a continuing application to cite the disclosure contained in a parent application.
Overall, incorporation by reference is a way to include important information from one document into another document without having to repeat it all over again. It is important to make sure that the secondary document is clearly identified and described in the primary document to avoid any confusion or legal issues.