What happens if there are inconsistencies between an ADS and other documents?
What happens if there are inconsistencies between an ADS and other documents?
When inconsistencies exist between an Application Data Sheet (ADS) and other documents, the ADS generally takes precedence. According to MPEP 601.05:
“If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to the ADS submission, the ADS will control.”
However, there are exceptions to this rule:
- For inventorship, the most recent submission will control.
- For foreign priority and domestic benefit claims, the most recent submission will control, provided it was timely filed.
It’s crucial to ensure all information in the ADS is accurate to avoid potential issues later in the application process.
To learn more:
Topics:
Patent Law,
Patent Procedure