What information must be included in the application data sheet when filed by a non-inventor applicant?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When a patent application is filed by someone other than the inventor under 37 CFR 1.46, the application must contain an application data sheet (ADS) with specific information. According to 37 CFR 1.46(b), the ADS must specify in the applicant information section:

• The assignee
• The person to whom the inventor is under an obligation to assign the invention
• The person who otherwise shows sufficient proprietary interest in the matter

This information should be provided in the applicant information section of the ADS, as specified in 37 CFR 1.76(b)(7). Ensuring this information is correctly included in the ADS is crucial for establishing the proper applicant for the patent application.