What is the significance of the ADS in correcting or adding a benefit claim?

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.

What is the significance of the Application Data Sheet (ADS) in correcting or adding a benefit claim?

The Application Data Sheet (ADS) plays a crucial role in correcting or adding a benefit claim after filing. According to MPEP 211.02(a):

A corrected ADS (along with a petition under 37 CFR 1.78 and the petition fee) is required to correct a benefit claim if the benefit claim was not included on the original ADS.

This means that if you need to correct or add a benefit claim that wasn’t included in the original ADS, you must submit:

• A corrected ADS
• A petition under 37 CFR 1.78
• The required petition fee

The corrected ADS should contain all of the information from the original ADS, with the changes to the benefit claim marked in accordance with 37 CFR 1.76(c).