How can I correct information in an Application Data Sheet (ADS) after submission?

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.

To correct information in an Application Data Sheet (ADS) after submission, you must follow specific procedures outlined in the MPEP:

“If an ADS has been previously submitted, the ADS provided with a continuing application, reissue application, or reexamination proceeding should be marked to show the changes from the previously submitted ADS.” (MPEP 601.05(a))

Here’s how to make corrections:

  • Submit a new ADS with clearly marked changes.
  • Use strikethrough for deletions and underlining for insertions.
  • Include all sections of the ADS, not just those being changed.
  • For inventor information changes, comply with 37 CFR 1.48.
  • For benefit claims corrections, see 37 CFR 1.78.

Remember, some changes may require additional forms or fees. Always check the current USPTO guidelines for the most up-to-date requirements.

Topics: Patent Law Patent Procedure
Tags: Ads Corrections, application data sheet, USPTO procedures