Can alternative forms be used instead of an Application Data Sheet?

Yes, in certain circumstances, alternative forms can be used instead of an Application Data Sheet (ADS) to provide some of the required information:

• Patent Law Treaty Model International Forms can be used for certain information.
• The Patent Cooperation Treaty Request Form can be used in some cases for national stage applications.

37 CFR 1.76(f) states: “The requirement in § 1.55 or § 1.78 for the presentation of a priority or benefit claim under 35 U.S.C. 119, 120, 121, or 365 in an application data sheet will be satisfied by the presentation of such priority or benefit claim in the Patent Law Treaty Model International Request Form.”

However, it’s important to note that if an ADS is also submitted, the information in the ADS will generally govern when inconsistent with these alternative forms. Additionally, an ADS is still required in certain situations, such as when postponing submission of the inventor’s oath or declaration.

To learn more:

• ADS
• Application Data Sheet
• Patent Law Treaty
• Patent Cooperation Treaty
• alternative forms