Q: I have a number of published patents. I would like to refer to one or more of them in new applications to the USPTO. What is the method to refer back?

A: I am assuming that you are referring to a U.S. patent in your question and not a foreign patent. To answer your first question, I will cover the situations when a prior U.S. patent may be cited in a later filed application. There are situations when a prior patent may be cited in an application: 1) as background information, 2) to incorporate by reference the subject matter of that prior application or patent.

1) The simplest situation is when you are using the published patent to establish the background of the invention. This is sometimes called the state of the art for the particular invention. There are two purposes for doing this. You can either put the invention in context related to other inventions or to provide a framework for others to understand your invention. When citing a published patent, all that must be done is to list the patent number and the inventor's name in the "Background Of The Invention" section of your application and describe the details of that patent that you think are relevant.

2) An application may incorporate by reference the subject matter of another patent or application. Incorporation by reference is a shorthand way of saying that the disclosure of the earlier application or patent is a part of the present application. Incorporation by reference is clearest when you use the phrase "incorporation by reference" when you first mention the application or patent that you want to incorporate by reference into your application. See 37 CFR 1.57 and MPOEP 608.01(p) on incorporation by reference.

If your “new applications” were filed in the USPTO during the pendency of your “patents,” meaning that your “patents” have not issued as patents at that time and these applications are pending in the Office, your “new applications” may claim the benefit of the filing dates of the prior applications under 35 U.S.C. 120 provided 5 requirements must be met. These requirements are set forth in MPEP 201.11.