How does an Application Data Sheet affect priority claims in pre-AIA applications?

For pre-AIA applications, the Application Data Sheet (ADS) plays a crucial role in establishing priority claims:

1. For domestic priority: MPEP 601.05(b) states, “Providing this information in the application data sheet constitutes the specific reference required by 35 U.S.C. 119(e) or 120.” This means that including domestic priority information in the ADS satisfies the requirement for a specific reference to earlier filed applications.

2. For foreign priority: The MPEP notes, “Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55.”

In both cases, including priority information in the ADS eliminates the need to make these claims elsewhere in the application, such as in the specification.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: ADS, application data sheet, Domestic Priority, foreign priority, pre-AIA, Priority Claims