What are the requirements for submitting a supplemental ADS?

When submitting a supplemental Application Data Sheet (ADS) to correct or update information in a patent application, there are specific requirements to follow. According to MPEP 601.05:

‘For applications filed on or after September 16, 2012, if an applicant submits an ADS after the initial filing date of the application, the ADS must comply with the requirements of 37 CFR 1.76(c). A supplemental ADS must be labeled as such and must identify the information that is being changed with underlining (for insertions) and strike-through or brackets (for text removed).’

Key requirements for submitting a supplemental ADS include:

  • Proper labeling: The ADS must be clearly labeled as ‘Supplemental’ or ‘Corrected’.
  • Identifying changes: Use underlining for insertions and strike-through or brackets for deletions.
  • Complete sections: Include all sections of the ADS, not just the changed information.
  • Timing: Submit the supplemental ADS as soon as the need for correction is identified.
  • Fee: Be aware that certain changes may require payment of additional fees.

It’s crucial to follow these requirements to ensure that the USPTO properly processes the updated information and to avoid potential delays or issues with the application.

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Topics: Patent Law, Patent Procedure