[Patentcenter] Refusal to correct priority claim listing

[Dan Feigelson]

This has probably been discussed here before, but do those ADS instructions
have the force of Rules, i.e. were they subject to notice and comment
rulemaking? If not, why are they binding on us?

On Tue, Jun 10, 2025 at 10:10 PM Scott Nielson via Patentcenter <
patentcenter at oppedahl-lists.com> wrote:

> The USPTO pointed out that there was an error in the format used to
> present the PCT application numbers in which five, instead of six, digits
> were shown after the four digit year.
>
> I assume your PCT benefit claims are domestic benefit claims—i.e., entered
> in the domestic benefit section of the ADS. If so, then the ADS
> instructions
> <https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.uspto.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2Faia_ads_form_inst.docx> are
> silent about the required format (MPEP 601.05 is silent as well). However,
> the instructions say this about claiming foreign priority to a PCT
> application:
>
>
>
> I would file a request for corrected filing receipt and argue: (i) there
> is no requirement that PCT applications must be presented with six digits
> after the year and (ii) the only format requirement is in the ADS
> instructions document and the original ADS followed the format (even though
> the format was for claiming foreign priority to PCT applications, it should
> be acceptable given that no format is specified by claiming domestic
> benefit to PCT applications.
>
> *Scott Nielson*
>
> 801-660-4400
>
>

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