What happens if an application data sheet (ADS) is not consistent with the information provided elsewhere in the application?
What happens if an application data sheet (ADS) is not consistent with the information provided elsewhere in the application?
If there are inconsistencies between the ADS and other documents in the application, the ADS will generally control, except for the following situations:
- The ADS is inconsistent with the oath or declaration accompanying the application, and the oath or declaration is accompanied by a statement explaining the inconsistency. In this case, the oath or declaration will control.
- The ADS is inconsistent with information provided in the specification, in which case the information in the specification will control.
As stated in MPEP 601.05(b):
“If an ADS is inconsistent with the information provided elsewhere in the application, the ADS will control except for: (1) the naming of the inventors (37 CFR 1.41(a)(1) governs), and (2) the information that is contained in an oath or declaration accompanying the application (37 CFR 1.63 and 1.67 govern).”
It’s crucial to ensure consistency across all application documents to avoid potential confusion or delays in the examination process.
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Topics:
Patent Law,
Patent Procedure