Can an ADS be used to correct or update information in a patent application?
Yes, an Application Data Sheet (ADS) can be used to correct or update information in a patent application. The MPEP 601.05 states:
‘An ADS may be submitted after the initial filing of the application to correct or update information in a previously submitted application data sheet, or in an oath or declaration under 37 CFR 1.63 or 1.67, except that inventorship changes are governed by 37 CFR 1.48, correspondence address changes are governed by 37 CFR 1.33(a), and citizenship changes are governed by 37 CFR 1.63 or 1.67.’
However, it’s important to note that:
- Some changes, such as inventorship, correspondence address, and citizenship, are governed by specific regulations and may require additional procedures.
- When submitting a corrected or updated ADS, applicants should clearly identify the information being changed relative to the most recent filing or ADS.
- For applications filed on or after September 16, 2012, any changes to the ADS must be made in accordance with 37 CFR 1.76(c).
To learn more:
Topics:
Patent Law,
Patent Procedure