Application Data Sheet

From Patentbarquestions

43. Which of the following statement(s) is in accordance with patent laws, rules and

procedures as related in the MPEP regarding filing of an Application Data Sheet (ADS)

in the USPTO?

(A) All non-provisional applications must include an ADS when the application is

originally filed.

(B) If an ADS is filed at the same time as an oath or declaration under 37 CFR 1.63 or

1.67 and the information supplied in the two documents is inconsistent, the

information provided in the ADS will always govern.

(C) If an ADS is filed at the same time as an oath or declaration under 37 CFR 1.63 or

1.67 and the information supplied in the two documents is inconsistent, the oath

or declaration will govern any inconsistency related the claiming of benefit under

35 USC 119(e), 120, 121 or 365(c).

(D) If an ADS is filed after an oath or declaration under 37 CFR 1.63 or 1.67 is filed,

and the information supplied in the two documents is inconsistent, the information

provided in the ADS will always govern.

(E) The oath or declaration under 37 CFR 1.63 or 1.67 governs inconsistencies with

the ADS when the inconsistency concerns setting forth the citizenship of the

inventor(s) under 35 USC 115.

43. ANSWER: (E) is the most correct answer. See 37 CFR § 1.76(d)(3); MPEP § 601.05. The oath or declaration filed under 37 CFR §§ 1.63 or 1.67.governs any inconsistency with the Application Data Sheet (ADS) when the inconsistency relates to the setting forth the citizenship of the inventor(s) even if the ADS was filed after the filing of the oath or declaration. (A) is incorrect because an ADS is a voluntary submission in either a provisional application or a nonprovisional application. See 37 CFR 1.76(a). (B) is an incorrect answer because the information related to the naming of inventors 37 CFR § 1.41(a)(1) and the information relating to setting forth citizenship 35 U.S.C. § 115 is governed by the oath or declaration filed under 37 CFR §§ 1.63 or 1.67 regardless if the two documents are filed simultaneously. (C) is an incorrect answer because the ADS will govern an inconsistency concerning the claiming of domestic priority information. See 37 CFR § 1.76(d)(2). (D) is an incorrect answer because the information related to the naming of inventors 37 CFR § 1.41(a)(1) and the information relating to setting forth citizenship 35 U.S.C. § 115 is governed by the oath or declaration filed under 37 CFR §§ 1.63 or 1.67 regardless of whether or not the ADS is filed after the oath or declaration under 37 CFR §§ 1.63 or 1.67.