How are inconsistencies between the Application Data Sheet and other documents resolved in pre-AIA applications?

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.

For pre-AIA applications, the resolution of inconsistencies between the Application Data Sheet (ADS) and other documents is governed by specific rules:

1. General rule: MPEP 601.05(b) states, “The latest submitted information will govern notwithstanding whether supplied by an application data sheet, an amendment to the specification, a designation of a correspondence address, or by an oath or declaration under pre-AIA 37 CFR 1.63 or pre-AIA 37 CFR 1.67, except as provided by pre-AIA 37 CFR 1.76(d)(3).”

2. Exception for inventor information: “The oath or declaration under pre-AIA 37 CFR 1.63 or pre-AIA 37 CFR 1.67 governs inconsistencies with the application data sheet in the naming of inventors and setting forth their citizenship.”

3. Correction process: If inconsistencies exist, a supplemental ADS should be submitted to conform the information with the correct data in other documents.