MPEP Q & A 287: When inconsistent information is given for an application data sheet, what submission will govern control?



When inconsistent information is given for an application data sheet, what submission will govern control according to 37 CFR 1.76(d)(1)?


37 CFR 1.76(d)(1) provides that the most recent submission will govern (control) with respect to inconsistencies as between the information provided in an application data sheet, a designation of a correspondence address, or by the inventor’s oath or declaration, except that:

  • (1) the most recent application data sheet will govern with respect to foreign priority or domestic benefit claims; and
  • (2) the naming of the inventorship is governed by 37 CFR 1.41 and changes to inventorship or the names of the inventors is governed by 37 CFR 1.48.

Chapter Details:

The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application.

The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 601.05(a) of the MPEP.  The following is a brief summary of section 601.05(a).

601.05(a) Application Data Sheet (ADS) — Application Filed On or After September 16, 2012

37 CFR 1.76(a) provides that an application data sheet (ADS) may be submitted in a provisional application, a nonprovisional application, or a national stage application. This section covers details about an ADS in applications filed on or after September 16, 2012. It includes a discussion of what is considered bibliographic data, correcting and updating an ADS, and treatment of inconsistent information.

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