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 patent applications to provide and update bibliographic data, supplemental examination is a post-grant proceeding and not a new application. Therefore, the ADS form is not applicable or accepted in this context.
To learn more:
Topics:
In A Supplemental Examination Proceeding,
MPEP 2800 - Supplemental Examination,
MPEP 2813 - Handling Of Papers,
Other Than A Request,
Patent Law,
Patent Procedure