"The changes to the ADS form were announced in the Federal Register. See Changes to Facilitate Applicant’s Authorization of Access to Unpublished U.S. Patent Applications by Foreign Intellectual Property Offices; found on http://www.gpo.gov/fdsys/pkg/FR-2015-10-27/pdf/2015-27335.pdf Final Rule (October 27, 2015).
Applicants are no longer required to select an opt-in check box on the ADS form to provide the USPTO with authorization to permit a foreign intellectual property office participating in the priority document exchange (PDX) program access to a U.S. priority application. Instead, the revised ADS form contains by default the authorization to permit access to the U.S. priority application via the PDX program. Including a properly signed ADS form on filing will provide applicant’s authorization for the PDX program. Should applicant wish not to provide authorization for the PDX program, applicant can select the opt-out check box for this authorization on the ADS form. The revised ADS form also contains by default the authorization to permit access to the search results from a U.S. priority application by the European Patent Office (EPO). Like the PDX program, should applicant wish not to provide the EPO access to the search results, applicant can select the opt-out check box for this authorization on the ADS form.
Please note that a revised ADS form submitted after the filing of an application CANNOT be used to provide or revoke any of the authorizations to permit access discussed above. Instead, forms PTO/SB/39 and PTO/SB/69, as applicable, should be used to provide or revoke these authorizations to permit access after the filing of an application."
Copyright © 2015 Robert Moll. All rights reserved.
