How has the requirement for specific reference to prior applications changed?

The requirement for specific reference to prior applications has undergone changes due to recent legislation:

1. For applications filed before September 16, 2012: The specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet.
2. For applications filed on or after September 16, 2012: The specific reference to the prior application must be in the application data sheet (ADS).

As stated in the MPEP: Thus for all applications filed on or after September 16, 2012, the specific reference to the prior application must be in the application data sheet; for applications filed prior to September 16, 2012, the specific reference to the prior application must be in an application data sheet or in the first sentence(s) of the specification. (MPEP 210)

This change was implemented as part of the inventor’s oath or declaration provisions of the Leahy-Smith America Invents Act, which became effective on September 16, 2012. The Office revised 37 CFR 1.78 to reflect these changes.

For more information on ADS, visit: ADS.

For more information on application data sheet, visit: application data sheet.

For more information on prior applications, visit: prior applications.

For more information on specific reference, visit: specific reference.