Application Data Sheet
An application data sheet (ADS) contains bibliographic data arranged in a format specified by the USPTO. An ADS may be submitted with a provisional application or a nonprovisional application. An ADS must be submitted when required to claim priority to or the benefit of a prior-filed provisional or nonprovisional application. An application data sheet must be titled “Application Data Sheet” and include the following:
- Inventor information (legal name, residence, and mailing address of the inventor or each joint inventor);
- Correspondence information, which may include the correspondence address or be indicated by reference to a customer number;
- Application information (title of the invention, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), docket number assigned to the application, the type of application (e.g., utility, plant, design, reissue, provisional), whether the application discloses any significant part of the subject matter of an application under a secrecy order);
- Representative information (the registration number of each practitioner having a power of attorney in the application);
- Domestic benefit information (the application number, the filing date, the status, and relationship of each application to which a claim for priority is made);
- Foreign priority information (the application number, country, and filing date of each foreign application to which priority is claimed); and
- Applicant information (the name of a natural person or juristic entity and address of the legal representative, assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter who is the applicant).
Information in an ADS that does not pertain to inventorship, claims for priority or correspondence address changes may be corrected or updated until payment of the issue fee by a new application data sheet providing corrected or updated information. Changes in inventorship are governed by 37 C.F.R. § 1.48; changes in foreign priority and domestic priority information are governed by 37 C.F.R §§ 1.55 and 1.78; and changes in the correspondence address are governed by 37 C.F.R § 1.33(a).
Additionally, a nonprovisional application must be labeled as a “transitional application” in an ADS if: (1) the later filed nonprovisional application was filed on or after March 16, 2013 and claims priority to an earlier filed provisional or nonprovisional application filed prior to March 16, 2013; and (2) the later filed nonprovisional application contains, or contained at any time, any claim having an effective filing date on or after March 16, 2013. As for claims for priority, reference to a “transitional application” must be provided in an ADS within the later of: (1) four months from the actual filing date of the later-filed application; (2) four months from the date of entry into the national stage in an international application; of (3) sixteen months from the filing date of the prior-filed application, or sixteen months from the date that a claim having an effective filing date on or after March 16, 2013 is presented in the later-filed application. However, an applicant is not required to provide this information if the later filed transitional application claims the benefit of an earlier filed transition application in which such a statement has already been filed.[1]See, e.g., MPEP § 211.01(III); see also, 37 CFR 1.78(c)(6)(i).
References
| ↑1 | See, e.g., MPEP § 211.01(III); see also, 37 CFR 1.78(c)(6)(i). |
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