Can an Application Data Sheet (ADS) be used to correct or update inventor information?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Yes, an Application Data Sheet (ADS) can be used to correct or update inventor information. The MPEP 601.05(a) states:

A corrected ADS may be submitted to correct or update information other than the inventorship. A corrected ADS correcting or updating information other than inventorship which is also reflected in the oath or declaration under 37 CFR 1.63 filed in a pending application must be accompanied by a request to correct or update the information under 37 CFR 1.48(c).

To correct inventorship, a request under 37 CFR 1.48(a) is required along with the corrected ADS. It’s important to follow the proper procedures to ensure the changes are accepted by the USPTO.

Topics: Patent Law Patent Procedure
Tags: ADS, application data sheet, Inventor Information