What are the consequences of inconsistencies between an ADS and other documents in a patent application?

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.

Inconsistencies between an Application Data Sheet (ADS) and other documents in a patent application can lead to processing delays and potential issues. The MPEP states:

“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.” (MPEP 601.05(a))

This means:

• The ADS takes precedence over other documents for bibliographic data.
• Inconsistencies may require corrections, potentially delaying application processing.
• Applicants should ensure all documents are consistent to avoid complications.

It’s crucial to review all application documents carefully before submission to maintain consistency and avoid potential issues in the patent examination process.