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.
Failing to properly underline the entire benefit claim in a corrected Application Data Sheet (ADS) can have serious consequences. The MPEP 211.02(a) states:
If the corrected ADS fails to identify the benefit claim with underlining of all text inserted, the Office of Patent Application Processing (OPAP) will not recognize such benefit claim and will not enter such benefit claim information in Office records.
This means that if you don’t underline the entire benefit claim:
- The USPTO won’t recognize the benefit claim
- The benefit claim information won’t be entered into official records
- Your application may lose its priority date
To avoid these issues, always ensure that you underline the entire benefit claim when adding it to a corrected ADS, even if parts of the claim were present in the original ADS.