Can you reference a pending patent application for a new one? 6 Answers as of May 30, 2013

Can you reference another pending application filed earlier that relates to the current patent application?

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Shimokaji & Associates
Shimokaji & Associates | Michael Shimokaji
Yes. In general, you can reference another pending application if, among other things, your current application claims priority to the earlier, pending application. You may also reference a pending application because it might provide relevant background information or even disclose an invention that might be considered duplicative of the present invention.
Answer Applies to: California
Replied: 3/14/2012
Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
Most likely, yes.
Answer Applies to: California
Replied: 3/14/2012
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Yes as long as at least one inventor is the same and the application is currently pending. Typically this is called a continuation-in-part application. If there is not a common inventor and / or the application has expired you can reference it as "prior art". Here is the typical statement to reference an application "This application is a continuation of application Ser. No. XX/YYY,YYY, filed on MONTH DAY, YEAR now U.S. Pat. No. A,BCD,EFG which claims the benefit of Provisional Application Serial Number SS/TTT,TTT filed MONTH DAY, YEAR the entire contents of which is hereby expressly incorporated by reference herein."
Answer Applies to: California
Replied: 3/14/2012
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
Answer Applies to: Texas
Replied: 5/30/2013
Tran & Associates | Bao Tran
Yes, you can reference or alternatively incorporate-by-reference the prior patent application in your current case
Answer Applies to: California
Replied: 3/14/2012
    Brett J. Trout, P.C.
    Brett J. Trout, P.C. | Brett J. Trout
    You can reference an earlier application in a new application. As to whether you can claim "priority" of that earlier application, you have to speak with a patent attorney. There are just too many details that could swing the answer yes or no.
    Answer Applies to: Iowa
    Replied: 3/14/2012
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