How does an ADS affect the oath or declaration in pre-September 16, 2012 applications?
In patent applications filed before September 16, 2012, an Application Data Sheet (ADS) can significantly affect the oath or declaration requirements. Specifically:
- An ADS can eliminate the need for certain information in the oath or declaration.
- It allows for the submission of some bibliographic data without an oath or declaration.
The MPEP 601.05(b) states: “If an application data sheet is used in an application filed before September 16, 2012 (in compliance with pre-AIA 37 CFR 1.76) to supply or change the information in 37 CFR 1.63(c), and the oath or declaration under 37 CFR 1.63 refers to the application data sheet, the oath or declaration does not need to be supplemented to include the information supplied in the application data sheet.”
This means that if the oath or declaration references the ADS, it doesn’t need to be updated with information already provided in the ADS, streamlining the application process.
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