How does the USPTO handle inconsistencies between the Application Data Sheet (ADS) and other documents in pre-AIA applications?

For applications filed before September 16, 2012 (pre-AIA applications), the USPTO has specific guidelines for handling inconsistencies between the Application Data Sheet (ADS) and other documents. According to MPEP 601.05(b):

If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to the ADS submission, the ADS will control.

However, there are exceptions to this rule:

• Inventorship: The ADS does not control if it’s inconsistent with the inventorship set forth in an executed oath or declaration.
• Correspondence address: A clear direction to use a different address will override the ADS.
• Small entity status: Any small entity assertion or claim will control over the ADS.

It’s crucial for applicants to ensure consistency across all application documents to avoid potential issues during the examination process.

To learn more:

• ADS
• Inconsistencies
• Pre-AIA
• Patent Application