Can 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 period, corrections may require additional documentation or fees.
According to MPEP 601.05(b): “If an application data sheet is submitted in a patent application under 37 CFR 1.53(b), the application data sheet will be treated as part of the application and will be used to capture the bibliographic data from the application data sheet. Bibliographic data contained in an application data sheet will govern when inconsistent with information provided by another document (e.g., the application transmittal letter).”
This means that the ADS takes precedence over other documents when it comes to bibliographic information. However, for significant changes after the initial filing, applicants may need to submit additional forms or follow specific procedures outlined by the USPTO.
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