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.

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Topics: In A Supplemental Examination Proceeding, MPEP 2800 - Supplemental Examination, MPEP 2813 - Handling Of Papers, Other Than A Request, Patent Law, Patent Procedure
Tags: ADS, application data sheet, supplemental examination, USPTO procedures