What happens if there are inconsistencies between an ADS and other documents in a patent application?
When inconsistencies exist between an Application Data Sheet (ADS) and other documents in a patent application, the ADS generally takes precedence. According to MPEP 601.05:
‘Where an ADS is used, the ADS data will govern when inconsistent with the information provided elsewhere in the application, except when the ADS is accompanied by a clear indication that the information in the ADS is not to be used.’
However, it’s important to note that if there’s a clear indication that the information in the ADS should not be used, then other documents may take precedence. Applicants should strive for consistency across all application documents to avoid confusion and potential issues during examination.
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Topics:
Patent Law,
Patent Procedure