Can an application data sheet (ADS) be used to name the inventors in a patent application filed before September 16, 2012?
Can an application data sheet (ADS) be used to name the inventors in a patent application filed before September 16, 2012?
Yes, an application data sheet (ADS) can be used to name the inventors in a patent application filed before September 16, 2012. However, it’s important to note that the ADS is not the only way to name inventors, and there are specific rules governing this process.
According to MPEP 601.05(b):
“37 CFR 1.76(b)(1) states that the application data sheet must include the name, residence, and mailing address of each person believed to be an actual inventor. For nonprovisional applications filed before September 16, 2012, the naming of the inventorship is governed by 37 CFR 1.41(a)(1) in effect as of September 15, 2012.”
This means that while an ADS can be used to name inventors, the inventorship is ultimately determined by the rules set forth in 37 CFR 1.41(a)(1). It’s crucial to ensure that the inventor information provided in the ADS is consistent with other application documents, particularly the oath or declaration.
If there are any discrepancies, the oath or declaration will generally take precedence over the ADS for naming inventors in applications filed before September 16, 2012.
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