APPLICATION DATA SHEET (ADS) Requirements and Common Mistakes

An ADS is required to:

  • Identify applicants who are not inventors
  • Set inventorship when an inventors oath is NOT being submitted until later in the prosecution
  • Set inventorship where there are joint inventors and each joint inventor is executing a declaration that ONLY names that inventor and not all inventors
  • Make benefit claims under 37 CFR 1.78 and foreign priority claims under 37 CFR 1.55

Common Mistakes found in ADS

  • Signature
  • Domestic benefit
  • File by reference
  • Typographical errors