Is an Application Data Sheet (ADS) required for a plant patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Yes, an Application Data Sheet (ADS) is a required element for a plant patent application. According to 37 CFR 1.163(b), the Application Data Sheet is listed as one of the elements that should appear in a plant patent application, specifically:
“(3) Application data sheet (see § 1.76).“
The ADS is an important document that provides bibliographic data arranged in a standardized format. It helps ensure that the USPTO has accurate and consistent information about the application, which is crucial for proper processing and examination.