What is an Application Data Sheet (ADS) and why is it important for assignee-filed applications?
An Application Data Sheet (ADS) is a document that provides bibliographic data for a patent application. For applications filed by assignees, obligated assignees, or those with sufficient proprietary interest, the ADS is crucial. According to MPEP 409.05:
‘The applicant under 37 CFR 1.46 (assignees and obligated assignees) must record the assignment, or submit the documentary evidence to the Office, preferably before issuing the filing receipt.’
The ADS must include:
- The name of the inventor(s)
- A statement that the application is being filed by the assignee, obligated assignee, or person who otherwise shows sufficient proprietary interest
- If filed by an obligated assignee, a statement that the application is being filed by a party who has a contractual obligation to assign or is under an obligation to assign the invention
The ADS serves as the official record of the applicant’s status and helps ensure that the USPTO properly recognizes the applicant’s right to file the application.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure