Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (2)
How do I mark changes in a corrected Application Data Sheet (ADS) for benefit claims?
When submitting a corrected Application Data Sheet (ADS) to add or correct a benefit claim, it’s crucial to properly mark the changes. According to MPEP 211.02(a):
The corrected ADS must identify the information that is being changed with underlining for insertions and strike-through or brackets for text removed as required by 37 CFR 1.76(c)(2).
To properly mark changes in a corrected ADS:
- Insertions: Underline new text
- Deletions: Use strike-through or brackets for removed text
- Existing information: Include all information from the original ADS, even if unchanged
It’s important to note that the entire benefit claim must be underlined if you’re adding a new benefit claim. This helps the USPTO easily identify and process the changes to your application.
To learn more:
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:
- For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
- For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS
This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:
The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.
It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.
To learn more:
Patent Law (3)
Yes, an application data sheet (ADS) can be used to correct certain information in a patent application. According to MPEP 603, deficiencies or inaccuracies due to the failure to meet the requirements of 37 CFR 1.63(b) in an oath or declaration may be corrected with an application data sheet in accordance with 37 CFR 1.76.
For example, an error in an inventor’s mailing address may be corrected with an application data sheet in accordance with 37 CFR 1.76.
However, it’s important to note that not all corrections can be made with an ADS. Specifically, any correction of inventorship must be pursuant to 37 CFR 1.48.
This means that inventorship changes require a separate process and cannot be corrected solely through an ADS.
To learn more:
How do I mark changes in a corrected Application Data Sheet (ADS) for benefit claims?
When submitting a corrected Application Data Sheet (ADS) to add or correct a benefit claim, it’s crucial to properly mark the changes. According to MPEP 211.02(a):
The corrected ADS must identify the information that is being changed with underlining for insertions and strike-through or brackets for text removed as required by 37 CFR 1.76(c)(2).
To properly mark changes in a corrected ADS:
- Insertions: Underline new text
- Deletions: Use strike-through or brackets for removed text
- Existing information: Include all information from the original ADS, even if unchanged
It’s important to note that the entire benefit claim must be underlined if you’re adding a new benefit claim. This helps the USPTO easily identify and process the changes to your application.
To learn more:
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:
- For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
- For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS
This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:
The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.
It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.
To learn more:
Patent Procedure (3)
Yes, an application data sheet (ADS) can be used to correct certain information in a patent application. According to MPEP 603, deficiencies or inaccuracies due to the failure to meet the requirements of 37 CFR 1.63(b) in an oath or declaration may be corrected with an application data sheet in accordance with 37 CFR 1.76.
For example, an error in an inventor’s mailing address may be corrected with an application data sheet in accordance with 37 CFR 1.76.
However, it’s important to note that not all corrections can be made with an ADS. Specifically, any correction of inventorship must be pursuant to 37 CFR 1.48.
This means that inventorship changes require a separate process and cannot be corrected solely through an ADS.
To learn more:
How do I mark changes in a corrected Application Data Sheet (ADS) for benefit claims?
When submitting a corrected Application Data Sheet (ADS) to add or correct a benefit claim, it’s crucial to properly mark the changes. According to MPEP 211.02(a):
The corrected ADS must identify the information that is being changed with underlining for insertions and strike-through or brackets for text removed as required by 37 CFR 1.76(c)(2).
To properly mark changes in a corrected ADS:
- Insertions: Underline new text
- Deletions: Use strike-through or brackets for removed text
- Existing information: Include all information from the original ADS, even if unchanged
It’s important to note that the entire benefit claim must be underlined if you’re adding a new benefit claim. This helps the USPTO easily identify and process the changes to your application.
To learn more:
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:
- For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
- For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS
This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:
The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.
It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.
To learn more: