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

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.

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.