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

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

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.

To learn more:

Topics: Patent Law, Patent Procedure