Can an Application Data Sheet (ADS) be used to claim small entity status in pre-AIA applications?

For applications filed before September 16, 2012 (pre-AIA applications), the Application Data Sheet (ADS) cannot be used to claim small entity status. According to MPEP 601.05(b):

The ADS cannot be used to make a small entity assertion, which must be done in a separate paper.

To claim small entity status in pre-AIA applications, applicants must submit a separate written assertion of entitlement to small entity status. This can be done through:

• A specific written assertion of entitlement to small entity status
• Payment of the small entity basic filing fee
• Submission of a small entity written assertion in a related application

It’s important to note that for applications filed on or after September 16, 2012, the rules regarding small entity status claims have changed, and the ADS can be used for this purpose in those later applications.

To learn more:

• ADS
• Small Entity Status
• Pre-AIA
• Patent Application