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 information typically included in an ADS is not relevant or changeable at this stage. However, MPEP § 2258.02 may provide specific circumstances where an ADS could be permissible, likely related to correction of inventorship or certain bibliographic data.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2266 - Responses,
Patent Law,
Patent Procedure