Can I submit a supplemental ADS after filing my patent application?

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, you can submit a supplemental Application Data Sheet (ADS) after filing your patent application. The MPEP 601.05(a) states:

“A supplemental ADS may be submitted in a nonprovisional application under 37 CFR 1.312 after allowance, with a petition under 37 CFR 1.312 if necessary.”

However, there are important considerations:

• For applications filed on or after September 16, 2012, any changes must be made with markings (underlining for insertions, strike-through for deletions).
• Some changes, like inventorship or priority claims, may require additional forms or petitions.
• Late changes may incur fees or require petitions, especially if they’re made after certain time limits.

Always consult the current USPTO guidelines or a patent attorney when making changes to ensure compliance with all requirements.