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Author Topic: Web-based Corrected ADS  (Read 1525 times)

mhgy

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Web-based Corrected ADS
« on: 12-21-15 at 01:00 pm »

As a heads up since I know that supplemental ADSs have been a major source of pain for individuals, you can now make changes to a ADS information via EFS:

http://www.uspto.gov/sites/default/files/documents/Corrected-WebADS-QSG.pdf
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Robert K S

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Re: Web-based Corrected ADS
« Reply #1 on: 12-21-15 at 01:19 pm »

Thank you for that very welcome heads-up, mhgy!
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.

Robert K S

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Re: Web-based Corrected ADS
« Reply #2 on: 12-21-15 at 01:29 pm »

If you look at p. 14 of that PDF, it shows the fees screen, and one of the fee options listed is "PROCESSING FEE, EXCEPT PROV. APPLS." (fee code 1830, $140 undiscounted).  When does this fee need to be submitted?  Only with a change in inventorship?  I've never submitted a fee with an amended/substitute/supplemental ADS in the past, to do things like correct typos or change, e.g., from a "continuation" to a "divisional".
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.

mhgy

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Re: Web-based Corrected ADS
« Reply #3 on: 01-28-16 at 11:56 am »

If you look at p. 14 of that PDF, it shows the fees screen, and one of the fee options listed is "PROCESSING FEE, EXCEPT PROV. APPLS." (fee code 1830, $140 undiscounted).  When does this fee need to be submitted?  Only with a change in inventorship?  I've never submitted a fee with an amended/substitute/supplemental ADS in the past, to do things like correct typos or change, e.g., from a "continuation" to a "divisional".

I did a double-take when I saw the "processing fee" option as well. Fee code 1830 corresponds to 37 CFR 1.17(i)(1) and it looks like that only applies when making changes to inventorship for NPAs, as you stated:

http://www.uspto.gov/blog/aia/entry/from_janet_gongola_patent_reform1

I was changing a continuing app type the other day and could not find anywhere in the rules that stated that a fee was due for making such a change, so I did not pay the processing fee. I know that same processing fee is also due when submitting a Track 1 request and a couple of other situations, but I do not know of another situation other than correcting inventorship for NPAs that the processing fee would apply specifically in reference to amending an ADS.

On a side note, I used EFS to correct an ADS for the first time the other day. It is well-implemented. It boggles my mind that it took this long for the USPTO to implement such a system. The USPTO is waaay overdue for a total overhaul of EFS/PAIR to bring them into the modern century.
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MisterObvious

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Re: Web-based Corrected ADS
« Reply #4 on: 05-11-17 at 06:09 pm »

So, was it ever resolved what fee, if any, is due for correcting domestic priority data on an ADS for a nonprovisional to amend the relationship between CIP's.  And, if you fail to pay any such fee when submitting the corrected ADS, what the surcharge would be?
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