How do I update or correct the name of the applicant in an international design application?

To update or correct the name of the applicant in a nonprovisional international design application, you need to: Submit a corrected Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section Identify the information being changed with underlining for insertions and strike-through or…

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Can an Application Data Sheet (ADS) be submitted in a supplemental examination proceeding?

No, an Application Data Sheet (ADS) cannot be submitted in a supplemental examination proceeding. MPEP 2813 explicitly states: “An application data sheet (ADS) under 37 CFR 1.76 cannot be submitted in a supplemental examination proceeding since a supplemental examination proceeding is not an ‘application.’“ This clarification is important because while ADSs are commonly used in…

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Can an Application Data Sheet (ADS) be submitted in a reexamination proceeding?

The submission of an Application Data Sheet (ADS) in reexamination proceedings is generally not allowed, with limited exceptions. The MPEP states: “Patent owner cannot submit an application data sheet (ADS) in a reexamination proceeding except as provided in MPEP § 2258.02.“ This restriction is in place because reexamination proceedings deal with already-issued patents, and most…

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How should the Application Data Sheet (ADS) be prepared when correcting inventorship?

When preparing an Application Data Sheet (ADS) to correct inventorship in an international design application, it’s important to follow specific formatting requirements. The MPEP 2920.01 states: “The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP…

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How does the process of claiming foreign priority differ for reissue applications filed before and after September 16, 2012?

The process of claiming foreign priority in reissue applications differs based on whether the application was filed before or after September 16, 2012. Here’s a breakdown of the differences: For reissue applications filed on or after September 16, 2012: MPEP 1417 states: “For reissue applications filed on or after September 16, 2012, the foreign priority…

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