How does an ADS affect the priority claim in pre-September 16, 2012 applications?
In patent applications filed before September 16, 2012, an Application Data Sheet (ADS) can significantly impact the priority claim process. The ADS can be used to:
- Provide domestic benefit information
- Include foreign priority information
- Correct or update priority claims within certain timeframes
According to MPEP 601.05(b): “For applications filed before September 16, 2012, an application data sheet may be used to provide or correct benefit claim information, such as cross-references to one or more prior-filed applications… The benefit claim must be set forth in the ADS in order to be considered properly submitted.”
It’s crucial to note that while the ADS can be used to submit priority information, applicants must still comply with other statutory requirements and deadlines for claiming priority. The ADS provides a centralized location for this information, potentially simplifying the application process and reducing errors in priority claims.
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