[Patentpractice] Has USPTO stopped referring to ADS for 371 applications?

[Lily Rathbone]

I would love to know whether any pattern has been observed of USPTO ignoring data provided on ADS at 371 filings, and I have several questions.



  *   Have you experienced any evidence suggesting that, at 371 filings, the USPTO has changed its practice of relying on the ADS for application information?



  *   At a 371 filing, what have you found to be the best way to present to the USPTO a client's intent to make some application update that is not yet of record at WIPO?



  *   What is the best way to present to the USPTO, at a 371 filing, any update that was made at WIPO to a published PCT application?



Earlier this year we filed a 371 for a client which had filed a request 11 months earlier to update the applicant name at the PCT stage (about a month after client had filed its PCT publication)

PCT accepted the applicant name change and updated its database in mid 2022.



While the published PCT application has the old client name, WIPO's bibliographical page shows the new/updated applicant name.



The new applicant name was correctly used in our ADS filed with the 371.



The USPTO, however, still pulled the old applicant name out of the published PCT, and used the old applicant name on the filing receipt we received this week. Why? Has it changed its practice>



  *   To make the correction, in addition to the marked-up filing receipt and perhaps a copy of the ADS as filed, what else ought we to file?

Lily Rathbone
SheppardMullin | Silicon Valley
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