How do I correct or add a benefit claim after filing my application?
To correct or add a benefit claim after filing your application, you need to follow specific procedures depending on the timing and circumstances: If you received a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant this request if the proper reference…
Read MoreCan I delete a benefit claim, and what are the implications?
Yes, you can delete a benefit claim, but it’s important to understand the process and potential implications: For applications filed on or after September 16, 2012, you can delete a benefit claim by filing a corrected Application Data Sheet (ADS) that removes the reference to the prior-filed application. For applications filed before September 16, 2012,…
Read MoreHow do I claim the benefit of a prior-filed application?
To claim the benefit of a prior-filed application, you must include a specific reference to the prior-filed application in your current application. The method of including this reference depends on when your application was filed: For applications filed before September 16, 2012: Include the reference in the first sentence(s) of the specification following the title…
Read MoreHow 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: 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. For applications filed on or after September 16, 2012: The specific…
Read MoreWhat form can I use to correct or update an inventor’s name in a patent application?
To correct or update an inventor’s name in a patent application (other than reissue applications), you can use Form PTO/AIA/40. As stated in MPEP 602.01(c)(2): See MPEP § 602.01(c)(1) for a copy of form PTO/AIA/40 that may be used to correct or update in inventor’s name or change the order of names in applications (other…
Read MoreHow should the foreign priority application number be formatted in an ADS?
How should the foreign priority application number be formatted in an ADS? When entering the foreign priority application number in an Application Data Sheet (ADS), it’s crucial to follow the proper format to ensure accurate identification. The MPEP states: “The foreign application number should be identified in an application data sheet (ADS), rather than in…
Read MoreHow does the USPTO handle inconsistencies between the Application Data Sheet (ADS) and other documents in pre-AIA applications?
For applications filed before September 16, 2012 (pre-AIA applications), the USPTO has specific guidelines for handling inconsistencies between the Application Data Sheet (ADS) and other documents. According to MPEP 601.05(b): If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to the ADS submission,…
Read MoreWhat happens if there are inconsistencies between the Application Data Sheet (ADS) and other documents?
When there are inconsistencies between the Application Data Sheet (ADS) and other documents, the ADS generally takes precedence. According to MPEP 601.05(a): Information in the Application Data Sheet will govern when inconsistent with the information supplied at the same time by a designation of correspondence address or the inventor’s oath or declaration. However, it’s important…
Read MoreHow do I correct or update information in an Application Data Sheet?
To correct or update information in an Application Data Sheet (ADS), follow these guidelines from MPEP 601.05: Submit a new ADS titled “Supplemental Application Data Sheet” Include all sections listed in 37 CFR 1.76(b), even if some sections have no changed data Identify changes with underlining for insertions and strike-through or brackets for text removed…
Read MoreCan an ADS be used to correct or update information in pre-September 16, 2012 applications?
Yes, an Application Data Sheet (ADS) can be used to correct or update information in patent applications filed before September 16, 2012, but there are specific rules and timeframes to consider: An ADS can be used to correct or update bibliographic data, especially if submitted within one month of the filing date. After the one-month…
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