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

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.

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.