What are the requirements for submitting a supplemental Application Data Sheet in pre-AIA applications?

For pre-AIA applications, submitting a supplemental Application Data Sheet (ADS) must follow specific requirements:

1. Timing: MPEP 601.05(b) states, “Supplemental application data sheets may be subsequently supplied prior to payment of the issue fee to either correct or update information in a previously submitted application data sheet, or an oath or declaration under pre-AIA 37 CFR 1.63 or 1.67.”

2. Title: The supplemental ADS must be titled “Supplemental Application Data Sheet.”

3. Content: It must contain all section headings listed in 37 CFR 1.76(b) with all appropriate data for each heading.

4. Format: The supplemental ADS must indicate changes, “preferably with insertions or additions indicated by underlining, and deletions, with or without replacement data, indicated by strike-through or brackets.”

5. Signature: The supplemental ADS must be signed as it is considered a paper filed in the application.

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Topics: Patent Law, Patent Procedure
Tags: ADS, application data sheet, pre-AIA