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 (1)
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:
Patent Law (2)
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:
Patent Procedure (2)
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: