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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner May Not File for Third Party in Ex Parte Reexamination MPEP 2266 Prohibited Ads Not Allowed In Reexamination MPEP 2266 Prohibited Ex Parte Reexamination Proceedings Conducted with Special Dispatch MPEP 2266 Patent Owner Can Extend Time for Action in Ex Parte Reexamination MPEP 2266 Permitted Time for Patent Owner Action in Ex Parte Reexamination Cannot Be Extended Beyond Two Months Without Sufficient Cause MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Extension of Time Not Allowed in Reexamination MPEP 2266 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2266 Patent Owner Must Respond to Office Actions Within Thirty Days MPEP 2266 Permitted Extension Request for Third Party Ex Parte Reexamination MPEP 2266 Other Related FAQs 5 FAQs Collapse What are the rules for responding to Office actions in ex parte reexamination proceedings? What happens if a patent owner fails to respond timely to an Off...