How does the USPTO handle inconsistencies between the Application Data Sheet and other documents?

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.

The USPTO has specific rules for handling inconsistencies between the Application Data Sheet (ADS) and other documents, as outlined in MPEP 601.05:

1. The most recent submission generally governs for inconsistencies between an ADS and other documents.
2. For foreign priority or domestic benefit claims, the most recent ADS governs.
3. For inventorship and inventor names, 37 CFR 1.41 and 1.48 govern.
4. When inconsistent information is supplied simultaneously, the ADS will control over a designation of correspondence address or the inventor’s oath or declaration.
5. The Office captures bibliographic information from the ADS and generally does not check it against other documents.

If you need to correct inconsistencies, submit a corrected ADS as described in 37 CFR 1.76(c)(1). Note that certain changes, such as inventorship, may require specific forms or petitions in addition to a corrected ADS.