What happens if both an application data sheet and a preliminary amendment are submitted for a PCT national phase application?

When both an application data sheet (ADS) and a preliminary amendment are submitted for a PCT national phase application, the following rules apply:

1. If the ADS and preliminary amendment are filed at different times, the later filed document will govern. As stated in the MPEP: If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1).
2. If the ADS and preliminary amendment are filed concurrently, the ADS will take precedence. The MPEP states: An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).

These rules ensure that there is a clear hierarchy for determining which document takes precedence when multiple documents containing potentially conflicting information are submitted.

To learn more:

• PCT
• national phase
• application data sheet
• preliminary amendment
• document hierarchy