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

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Data Sheet Not Required for Supplemental Examination MPEP 2813 Prohibited Papers Not Entering Supplemental Examination MPEP 2813 Permitted Office Actions on Supplemental Exam Held Until Certificate Issued MPEP 2813 Permitted Third Party Cannot File Papers in Supplemental Examination Proceeding MPEP 2813 Prohibited Improper Paper Not Considered in Supplemental Exam MPEP 2813 Limitations on Filing Papers During Supplemental Examination MPEP 2813 Recommended Returned Paper Must Be Expunged From IFW MPEP 2813 Prohibited Unapproved Paper Must Be Marked Non-Public MPEP 2813 Returned Paper May Be Resubmitted During Ex Parte Reexamination MPEP 2813 Permitted Third Party Cannot File Papers in Supplemental Examination Proceeding MPEP 2813 Other Related FAQs 5 FAQs Collapse What papers are allowed to be filed after a request for supplemental examination? How are petitions handled in a supplemental examination proceeding? Can third parties participate in a supplemental examination proceeding? What happens to unauthorized or imprope...