An application data sheet is a document submitted by the applicant to the USPTO listing the bibliographic data of the patent application. The bibliographic data includes:
An application data sheet is not required when you file a provisional or nonprovisional patent application. Your application will still receive a filing date (i.e., patent pendency or priority date) for your invention even if the ADS is not filed.
However, the Patent Office does require you to file the ADS or application data sheet in order to claim priority back to a prior-filed patent application such as a provisional or a parent nonprovisional application. We recommend filing an ADS or application data sheet in any provisional or nonprovisional application to ensure that the Patent Office has the data that it needs and in the form that it wants the data to reduce errors.
You have two options for submitting the application data sheet to the USPTO.
The web-based ADS is accessed through the EFS web. It isn’t a separate form or PDF that you submit with your provisional or nonprovisional application. Rather, it’s associated with your application through the EFS web system.
Alternatively, the fillable PDF form PTO/AIA/14 is submitted as another document in addition to the other parts of your patent application.
In this section of the Application Data Sheet, basic identifying information is given.
The attorney docket number (1a) refers to your internal numbering system for your patent applications filed with the USPTO. It’s useful if you have more than one application filed with the USPTO.
The application number (1b) is typically unknown when you file your application. You can leave this blank if you’re filing the ads with your initial filing.
The title of the invention (1c) should match the title included in the written description.
You must have at least one inventor listed in the inventor information. The order of the inventors if you have more than one it’s typically listed in the order of contribution to the invention.
The USPTO will correspond with only one entity. If you are represented by an attorney, the USPTO will correspond with only the attorney of record, not the inventor. Typically, the most efficient way of filling out this section is to establish a customer number if you are filing more than one application.
Check the small entity status claimed checkbox (4a) if you
are a small entity or a micro entity. If you are a micro entity, you also have to submit the claims to micro entity status. You can learn about and download the relevant forms here: Micro Entity Status
Check the request for early publication checkbox (5a) to maximize damages against infringers. Early publication is also known as pre-grant publication which allows you to claim damages prior to the grant date of your patent under special conditions.
Check the request not to publish checkbox (5b) if you want to keep your application secret for as long as possible. Your application will not be published or be available for public inspection until it grants as a patent.
To check this box (5b), you have to have the intent to not file any foreign patent application. Otherwise, your patent may be invalidated during litigation.
