How does the USPTO handle inconsistent information between an ADS and other documents?

The USPTO has specific rules for handling inconsistent information between an Application Data Sheet (ADS) and other documents:

1. Generally, the most recent submission will govern.
2. For foreign priority or domestic benefit claims, the most recent ADS will govern.
3. Inventorship and inventor names are governed by 37 CFR 1.41 and 1.48.
4. When submitted simultaneously, the ADS will govern over other documents.

37 CFR 1.76(d)(1) states: “The most recent submission will govern with respect to inconsistencies as between the information provided in an application data sheet, a designation of a correspondence address, or by the inventor’s oath or declaration, except that: (i) The most recent application data sheet will govern with respect to foreign priority (§ 1.55) or domestic benefit (§ 1.78) claims; and (ii) The naming of the inventorship is governed by § 1.41 and changes to inventorship or the names of the inventors is governed by § 1.48.”

If inconsistencies are found, applicants should submit a corrected ADS to ensure accurate information is captured by the Office.

To learn more:

• ADS
• Application Data Sheet
• inconsistent information
• USPTO
• patent application