Can I use forms other than the USPTO’s ADS form to submit application data?

Yes, the USPTO allows the use of certain alternative forms for submitting application data, as described in MPEP 601.05:

  1. Patent Law Treaty Model International Forms can be used to present priority or benefit claims, references to previously filed applications, and applicant information.
  2. The Patent Cooperation Treaty Request Form can be used in national stage applications to present benefit claims and applicant information.

However, there are specific requirements and limitations:

  • When using a Patent Cooperation Treaty Request Form in an application under 35 U.S.C. 111, it must be accompanied by a clear indication that treatment as an application under 35 U.S.C. 111 is desired.
  • If there are inconsistencies between an ADS and these forms, the ADS will govern.

While these alternative forms are accepted, the USPTO generally prefers the use of its official ADS form for clarity and consistency in processing.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: ADS, application data sheet, Patent Cooperation Treaty, Patent Law Treaty, USPTO Forms