How do I mark changes in a corrected ADS for benefit claims?

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.

How do I mark changes in a corrected Application Data Sheet (ADS) for benefit claims?

When submitting a corrected Application Data Sheet (ADS) to add or correct a benefit claim, it’s crucial to properly mark the changes. According to MPEP 211.02(a):

The corrected ADS must identify the information that is being changed with underlining for insertions and strike-through or brackets for text removed as required by 37 CFR 1.76(c)(2).

To properly mark changes in a corrected ADS:

• Insertions: Underline new text
• Deletions: Use strike-through or brackets for removed text
• Existing information: Include all information from the original ADS, even if unchanged

It’s important to note that the entire benefit claim must be underlined if you’re adding a new benefit claim. This helps the USPTO easily identify and process the changes to your application.