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The Application Data Sheet 37 form, known for its critical role in the patent application process, encompasses essential bibliographic data required by the United States Patent and Trademark Office (USPTO). This form, part of both provisional and nonprovisional applications, organizes information regarding the invention, inventors, and associated parties. Applicants must provide details such as the attorney docket number, the application number, and the title of the invention. Additionally, the form captures inventor information, including legal names, residency status, and mailing addresses. Importantly, this document can be submitted electronically through the USPTO's Electronic Filing System, simplifying the filing process. Besides basic inventor details, the form encompasses application information about entity status, drawing sheets, and publication preferences, reflecting the applicant's intentions regarding early publication. It also allows applicants to claim domestic benefits, foreign priority applications, and specify representation under the powers of attorney. Moreover, it includes provisions for secrecy orders, highlighting the importance of confidentiality in certain cases. Overall, the Application Data Sheet 37 provides a structured approach to gathering and submitting vital information necessary for proper patent examination and processing.

Application Data Sheet 37 Example

PTO/AIA/14 (03-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.

Application Data Sheet 37 CFR 1.76

Attorney Docket Number

 

Application Number

 

 

 

 

 

 

 

 

Title of Invention

 

 

 

 

 

 

 

The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.

This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the document may be printed and included in a paper filed application.

Secrecy Order 37 CFR 5.2

Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to 37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)

Inventor Information:

Inventor

Legal Name

Remove

Prefix

Given Name

Middle Name

Family Name

Suffix

 

 

 

 

 

 

 

 

 

 

Residence Information (Select One)

 

US Residency

Non US Residency

Active US Military Service

City

 

State/Province

 

Country of Residencei

 

 

 

 

 

 

 

 

 

 

 

City

Country of Residence i

Mailing Address of Inventor:

Address 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

State/Province

 

 

 

 

 

 

 

 

 

 

 

 

Postal Code

 

 

Country i

 

 

 

 

All Inventors Must Be Listed - Additional Inventor

Information blocks

may be

 

 

 

 

Add

 

generated within this form by selecting the Add button.

 

 

 

 

 

 

 

 

 

 

 

Correspondence Information:

Enter either Customer Number or complete the Correspondence Information section below. For further information see 37 CFR 1.33(a).

An Address is being provided for the correspondence Information of this application.

Customer Number

Name 1

Address 1

Address 2

City

Countryi

Phone Number

Email Address

Name 2

State/Province

Postal Code

Fax Number

Add Email

 

Remove Email

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PTO/AIA/14 (03-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.

Application Data Sheet 37 CFR 1.76

Attorney Docket Number

 

Application Number

 

 

 

 

 

 

 

 

Title of Invention

 

 

 

 

 

 

 

Application Information:

Title of the Invention

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney Docket Number

 

 

Small Entity Status Claimed

 

 

 

 

 

 

 

Application Type

 

 

 

 

 

 

 

 

 

 

 

 

 

Subject Matter

 

 

 

 

 

 

 

 

 

 

 

Total Number of Drawing Sheets (if any)

 

 

Suggested Figure for Publication (if any)

 

 

 

 

 

 

 

 

 

 

 

 

 

Plant Submissions Only:

 

 

 

 

 

 

 

 

Latin Name

 

 

Variety Denomination Name

 

 

 

 

 

 

 

Publication Information:

 

 

 

 

Request Early Publication (Fee required at time of Request 37 CFR 1.219)

Request Not to Publish. I hereby request that the attached application not be published under

35 U.S.C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication at eighteen months after filing.

Representative Information:

Representative information should be provided for all practitioners having a power of attorney in the application. Providing this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).

Either enter Customer Number or complete the Representative Name section below. If both sections are completed the customer Number will be used for the Representative Information during processing.

Please Select One:

Customer Number

US Patent Practitioner

Limited Recognition (37 CFR 11.9)

 

 

 

 

Customer Number

Prefix

Given Name

Middle Name

Family Name

Suffix

Remove

Registration Number

Prefix

Given Name

Middle Name

Family Name

Suffix

Remove

Registration Number

Additional Representative Information blocks may be generated within this form by

 

Add

selecting the Add button.

 

Domestic Benefit/National Stage Information:

This section allows for the applicant to either claim benefit under 35 U.S.C. 119(e), 120, 121, or 365(c) or indicate National Stage entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78.

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PTO/AIA/14 (03-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.

Application Data Sheet 37 CFR 1.76

Attorney Docket Number

 

 

 

 

 

 

Application Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of Invention

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prior Application Status

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Remove

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application Number

Continuity Type

 

Prior Application Number

Filing Date (YYYY-MM-DD)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application

 

Continuity Type

Prior Application

 

Filing Date

Patent Number

 

Issue Date

Number

 

 

Number

(YYYY-MM-DD)

(YYYY-MM-DD)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional Domestic Benefit/National Stage Data may be generated within this form by selecting the Add button.

Add

Foreign Priority Information:

This section allows for the applicant to claim priority to a foreign application. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55(d). When priority is claimed to a foreign application that is eligible for retrieval under the priority document exchange program (PDX)i the information will be used by the Office to automatically attempt retrieval pursuant to 37 CFR 1.55(h)(1) and (2). Under the PDX program, applicant bears the ultimate responsibility for ensuring that a copy of the foreign application is received by the Office from the participating foreign intellectual property office, or a certified copy of the foreign priority application is filed, within the time period specified in 37 CFR 1.55(g)(1).

 

 

 

 

Remove

 

 

Application Number

Country i

Filing Date (YYYY-MM-DD)

Access Codei (if applicable)

 

 

 

 

 

 

 

Additional Foreign Priority

Data may be generated within this form by selecting the

 

 

 

 

Add button.

 

 

 

Add

 

 

 

 

 

 

 

Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition Applications

This application (1) claims priority to or the benefit of an application filed before March 16, 2013 and (2) also contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March 16, 2013.

NOTE: By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March 16, 2013, will be examined under the first inventor to file provisions of the AIA.

Authorization to Permit Access:

Authorization to Permit Access to the Instant Application by the Participating Offices

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Application Data Sheet 37 CFR 1.76

Attorney Docket Number

 

Application Number

 

 

 

 

 

 

 

 

Title of Invention

 

 

 

 

 

 

 

If checked, the undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO),

the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the World Intellectual Property Office (WIPO), and any other intellectual property offices in which a foreign application claiming priority to the instant patent application

is filed access to the instant patent application. See 37 CFR 1.14(c) and (h). This box should not be checked if the applicant does not wish the EPO, JPO, KIPO, WIPO, or other intellectual property office in which a foreign application claiming priority to the instant patent application is filed to have access to the instant patent application.

In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy of the instant patent application with respect to: 1) the instant patent application-as-filed; 2) any foreign application to which the instant patent application

claims priority under 35 U.S.C. 119(a)-(d) if a copy of the foreign application that satisfies the certified copy requirement of 37 CFR 1.55 has been filed in the instant patent application; and 3) any U.S. application-as-filed from which benefit is sought in the instant patent application.

In accordance with 37 CFR 1.14(c), access may be provided to information concerning the date o f filing this Authorization.

Applicant Information:

Providing assignment information in this section does not substitute for compliance with any requirement of part 3 of Title 37 of CFR to have an assignment recorded by the Office.

Applicant

Remove

If the applicant is the inventor (or the remaining joint inventor or inventors under 37 CFR 1.45), this section should not be completed. The information to be provided in this section is the name and address of the legal representative who is the applicant under 37 CFR 1.43; or the name and address of the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter who is the applicant under 37 CFR 1.46. If the applicant is an applicant under 37 CFR 1.46 (assignee, person to whom the inventor is obligated to assign, or person who otherwise shows sufficient proprietary interest) together with one or more joint inventors, then the joint inventor or inventors who are also the applicant should be identified in this section.

Clear

Assignee

Legal Representative under 35 U.S.C. 117

Joint Inventor

Person to whom the inventor is obligated to assign.

Person who shows sufficient proprietary interest

If applicant is the legal representative, indicate the authority to file the patent application, the inventor is:

Name of the Deceased or Legally Incapacitated Inventor :

If the Applicant is an Organization check here.

Organization Name

Prefix

Given Name

Middle Name

Family Name

Suffix

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PTO/AIA/14 (03-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.

Application Data Sheet 37 CFR 1.76

Attorney Docket Number

 

 

Application Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of Invention

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing Address Information For Applicant:

 

 

 

 

 

 

 

 

 

 

 

Address 1

 

 

 

 

 

 

 

 

 

 

 

 

Address 2

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State/Province

 

 

 

 

 

 

 

i

 

 

 

 

Postal Code

 

Country

 

 

 

Phone Number

 

 

Fax Number

 

 

 

 

 

 

 

Email Address

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional Applicant Data may be generated within this form by selecting the Add button.

Add

Assignee Information including Non-Applicant Assignee Information:

Providing assignment information in this section does not subsitute for compliance with any requirement of part 3 of Title 37 of CFR to have an assignment recorded by the Office.

Assignee

Complete this section if assignee information, including non-applicant assignee information, is desired to be included on the patent application publication . An assignee-applicant identified in the "Applicant Information" section will appear on the patent application publication as an applicant. For an assignee-applicant, complete this section only if identification as an assignee is also desired on the patent application publication.

Remove

If the Assignee is an Organization check here.

Organization Name

Prefix

Given Name

Middle Name

Family Name

Suffix

Mailing Address Information For Non-Applicant Assignee:

Address 1

Address 2

City

 

 

State/Province

 

 

 

 

 

 

 

Country i

 

 

Postal Code

 

Phone Number

 

Fax Number

 

 

 

 

 

Email Address

 

 

 

 

 

 

 

 

 

Additional Assignee Data may be generated within this form by selecting the Add button.

Add

EFS Web 2.2.8

PTO/AIA/14 (03-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.

Application Data Sheet 37 CFR 1.76

Attorney Docket Number

 

Application Number

 

 

 

 

 

 

 

 

Title of Invention

 

 

 

 

 

 

 

Signature:

Remove

NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and certifications.

Signature

 

 

 

Date (YYYY-MM-DD)

 

 

 

 

 

 

 

First Name

 

Last Name

 

Registration Number

 

 

 

 

 

 

 

Additional Signature may be generated within this form by selecting the Add button.

Add

This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 23 minutes to complete, including gathering, preparing, and submitting the completed application data sheet form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

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Privacy Act Statement

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent.

The information provided by you in this form will be subject to the following routine uses:

1.The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether the Freedom of Information Act requires disclosure of these records.

2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.

3.A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an

individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record.

4.A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).

5.A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent C o o p eration Treaty.

6.A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).

7.A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

8.A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspections or an issued patent.

9.A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.

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Form Characteristics

Fact Name Description
Form Identifier The form is known as the Application Data Sheet 37 CFR 1.76.
Approval Date This form was approved for use through January 31, 2014.
Governing Law It is governed by Title 37 of the Code of Federal Regulations (CFR).
Submission Options The form can be submitted electronically or in paper format.
Inclusion of Inventors All inventors must be listed on the form, with options to add more entries.
Correspondence Information A section exists to provide correspondence details, either through Customer Number or by filling out a specific section.
Secrecy Order Some applications may require a Secrecy Order, limiting electronic filing options.
Access Authorization The form includes an authorization section allowing the USPTO to provide access to certain foreign patent offices.
Paperwork Reduction Act Under this Act, no one is required to respond unless a valid OMB control number is provided.

Guidelines on Utilizing Application Data Sheet 37

Completing the Application Data Sheet 37 form is a vital step in the patent application process. This form collects important information that the U.S. Patent and Trademark Office requires for processing your patent application. Here’s how to fill it out effectively.

  1. Start with the Attorney Docket Number. Fill in any internal reference number your attorney may provide.
  2. Next, provide the Application Number; leave it blank if it is an initial filing.
  3. Enter the Title of Invention. Be clear and concise.
  4. Move to the Inventor Information section, filling out the Legal Name. Make sure to include any necessary prefixes or suffixes.
  5. For residency, check one of the boxes: US Residency, Non US Residency, or Active US Military Service.
  6. Include the City, State/Province, and Country of Residence for the inventor.
  7. Provide the Mailing Address for the inventor, including address lines, city, state/province, postal code, and country.
  8. Next, enter Correspondence Information. You can either provide a Customer Number or complete the associated personal details.
  9. In the Application Information section, fill in the Title of the Invention again along with the Attorney Docket Number, Small Entity Status, and Application Type.
  10. For any drawings, indicate the Total Number of Drawing Sheets and suggest a Figure for Publication if applicable.
  11. If applicable, provide Latin Name and Variety Denomination Name under Plant Submissions Only.
  12. Decide on Publication Information. Choose between requesting early publication or opting not to publish the application.
  13. Fill out Representative Information if applicable, including Customer Number or details of representatives.
  14. Use the Domestic Benefit/National Stage Information section to claim benefits under appropriate U.S. codes or to indicate National Stage entry.
  15. Move to the Foreign Priority Information section if claiming priority to any foreign applications. Provide country, filing date, and access code if applicable.
  16. Check the box for Authorization to Permit Access if you want selected offices to access your application.
  17. Complete the Applicant Information section, specifying whether the applicant is the inventor or a representative.
  18. Fill in the Mailing Address for Applicant with all necessary details, making sure it is complete.
  19. If applicable, complete Assignee Information. You may add non-applicant assignee details if desired.

What You Should Know About This Form

What is the Application Data Sheet 37 form?

The Application Data Sheet 37 form is a required document when submitting a provisional or nonprovisional patent application to the United States Patent and Trademark Office (USPTO). It collects important bibliographic information about the application, such as the title of the invention, inventor details, and attorney docket number. Structured according to the standards set forth in 37 CFR 1.76, this form helps ensure that all necessary information is conveyed to the USPTO in a clear and organized manner.

How do I submit the Application Data Sheet 37 form?

You have two options for submitting the form. First, you can complete it electronically using the USPTO's Electronic Filing System (EFS). This method is convenient and ensures quicker processing. Alternatively, if you prefer to file paper applications, you can print the filled form and include it as part of your application packet when submitting by mail. In both cases, making sure to include all relevant information is essential for effective processing.

What information do I need to include on the form?

On the Application Data Sheet 37 form, you must provide several key pieces of information. This includes the title of your invention, the names and addresses of all inventors, and your attorney’s contact details if applicable. Additionally, you should indicate your residency status, the application type, and whether you request early publication. It's also important to disclose any prior related applications if they exist. Complete and accurate information helps avoid delays in the review process.

What happens if my application falls under a Secrecy Order?

If your application is subject to a Secrecy Order, you won’t be able to file it electronically. Instead, you must submit a paper version of the Application Data Sheet 37 form along with your application. Under a Secrecy Order, certain technologies or information may be restricted from public disclosure, so it’s vital to follow these regulations to ensure compliance with patent law.

Can I claim priority to a foreign application using this form?

Yes, you can claim priority to a foreign application by providing the necessary details in the designated section of the form. Including this information constitutes the formal claim for priority as required by U.S. patent law. Ensure you provide the filing date and application number of the foreign application. This claim is important as it can affect your application's examination process and its overall patent rights.

Common mistakes

When filling out the Application Data Sheet 37 form, many people make mistakes that can delay the process or even lead to issues with their application. One common mistake is incorrectly filling out the Inventor Information section. This section requires accurate details such as the legal name, residence, and mailing address of the inventor. Missing even one piece of information can lead to complications. Always double-check to ensure all inventors are correctly listed and that their information is up-to-date.

Another frequent error is neglecting to specify the Small Entity Status. This detail is crucial, as it can affect the fees associated with the patent application. Some applicants assume they qualify without properly checking the latest guidelines. It’s important to review your status carefully and choose the right option to avoid unexpected costs or penalties.

People often overlook the Correspondence Information. Failure to provide a valid address or contact information for correspondence can result in missed notifications from the USPTO. If there are changes to your contact information during the application process, these need to be updated promptly. A lack of timely communication may hinder your application.

Finally, many applicants do not pay proper attention to the Claims of Priority section. If you have prior applications or are claiming priority from a foreign application, this information must be included clearly and accurately. Missing or incorrect claims can jeopardize the benefits you may receive from earlier filings. Ensure you have all necessary details, such as application numbers and filing dates, readily available before completing the form.

Documents used along the form

The Application Data Sheet 37 is an essential document for those filing patents in the United States. Within the patent filing process, several other forms and documents are often used in conjunction with this primary sheet. Each document serves a specific purpose, helping to ensure that all necessary information is accurately collected and processed.

  • Provisional Patent Application (PPA): A simpler, temporary application that allows inventors to secure a filing date without a formal patent claim. It lasts for 12 months and can later convert into a non-provisional application.
  • Non-Provisional Patent Application (NPA): This comprehensive document is for obtaining a full patent and must contain claims that define the legal boundaries of the invention. It is examined by the USPTO for patentability.
  • Specification: Accompanying the patent application, this document must describe the invention in detail. It includes how to make and use the invention, as well as any drawings or diagrams.
  • Claims: The section of the patent application that legally defines the scope of the patent protection. Each claim outlines a specific aspect of the invention that the applicant seeks to protect.
  • Drawings: If applicable, these visual representations illustrate the invention. Drawings are often required to provide clarity and support the claims made in the application.
  • Oath or Declaration: This document confirms that the inventor believes themselves to be the original creator of the invention and agrees to be bound by the laws regarding patent applications.
  • Information Disclosure Statement (IDS): Inventors submit this document to list any prior art or related information that might be relevant to the examination of the application, ensuring transparency.
  • Power of Attorney: This form grants authority to another individual, often a patent attorney or agent, to act on the applicant's behalf during the patent filing process.
  • Request for Continued Examination (RCE): If additional examination is needed after a patent application has been initially rejected, this document requests further review by the USPTO.
  • Track One Request: This form enables applicants to request prioritized examination, accelerating the review process for their patent application.

These documents, along with the Application Data Sheet 37, create a comprehensive portfolio that streamlines the patent application process. Proper submission of all related forms maximizes the potential for a successful application and ultimately aids in protecting intellectual property.

Similar forms

The Application Data Sheet (ADS) 37 form is an essential document in the patent application process. It helps applicants provide necessary bibliographic data about their invention and its inventors. There are several other forms and documents with similar purposes and structures to the ADS. Below is a list of these documents and a brief explanation of how they are similar to the Application Data Sheet 37 form.

  • Provisional Application for Patent - This document allows inventors to secure an early filing date while providing a simpler structure for disclosing their invention. Like the ADS, it gathers basic information about the invention and its inventors.
  • Nonprovisional Application for Patent - Similar to the provisional application, this more complex document requires a complete description of the invention. It also collects essential bibliographic details akin to those found in the ADS.
  • Request for Continued Examination (RCE) - An RCE allows the applicant to continue examination of their patent application. It provides a structured way to submit additional information, much like how the ADS organizes inventor and application details.
  • Notice of Allowance - This document informs the applicant that their patent application has met all requirements for approval. The notice contains bibliographic information about the application, much like the data presented in the ADS.
  • Information Disclosure Statement (IDS) - This form is used to disclose prior art or related documents to the patent office. It collects relevant information and relates to the applicant’s disclosure obligations, similar to the information requirements in the ADS.
  • Declaration and Power of Attorney - This document allows applicants to formally appoint a representative. It collects identifying information about both parties, reflecting the information organization seen in the ADS.
  • Application for a Patent on a Plant Variety - This specialized form captures details specifically for plant inventions but follows a similar format to the ADS, emphasizing inventor and application information.
  • Request for Early Publication - This request can be submitted with a patent application to expedite its publication. It shares similar data requirements regarding the invention and applicant details that are also found in the ADS.

Each of these documents serves to streamline communication between inventors and the patent office. They emphasize the importance of clearly presenting information about both the invention and its creators, ensuring that applicants can effectively navigate the patent process.

Dos and Don'ts

When filling out the Application Data Sheet 37 form, there are several important things to consider. Below is a list of actions you should take and those you should avoid.

  • Do: Ensure all sections of the form are completed accurately.
  • Do: Include the correct legal names of all inventors.
  • Do: Use the latest version of the form.
  • Do: Confirm whether an early publication request is necessary.
  • Do: Provide clear correspondence information for effective communication.
  • Do: Double-check for any missing signatures before submission.
  • Do: Submit the application as instructed, either electronically or as a printed document.
  • Don't: Leave any required fields blank.
  • Don't: Provide outdated or incorrect information about previous applications.
  • Don't: Forget to include all inventors’ mailing addresses.
  • Don't: Misinterpret the requirements for claiming priority.
  • Don't: Submit without confirming compliance with all applicable regulations.
  • Don't: Assume that all representatives are automatically listed without verification.
  • Don't: Check boxes or sections that are not applicable without careful consideration.

Misconceptions

Misunderstandings can often lead to confusion, especially when it comes to forms like the Application Data Sheet 37. Below are eight common misconceptions along with clarifications to help ensure accurate submissions.

  • Misconception 1: The Application Data Sheet is optional for patent applications.
  • In reality, while the form is not strictly mandatory, including it is highly recommended. It consolidates essential bibliographic information, streamlining the application process.

  • Misconception 2: You can submit the Application Data Sheet in any format.
  • This form must adhere to the specific format set by the U.S. Patent and Trademark Office (USPTO). It can be completed electronically or submitted in hard copy but must follow guidelines outlined in 37 CFR 1.76.

  • Misconception 3: The Application Data Sheet does not affect the examination process.
  • Incorrect. Information submitted, such as priority claims or Small Entity status, has significant implications for both examination and potential fees associated with filing.

  • Misconception 4: All inventors must have a valid U.S. residency to be listed.
  • While U.S. residency is one option, the form accommodates inventors from around the world, addressing both U.S. and non-U.S. residents.

  • Misconception 5: The form includes a power of attorney.
  • The Application Data Sheet does allow for the entry of representative information, but including this information does not confer a power of attorney. A separate document is required for that purpose.

  • Misconception 6: If an application is under a Secrecy Order, it cannot be filed electronically.
  • This is true, but it’s crucial to remember that only paper filings are permissible in that scenario. Hence, careful attention to compliance with these regulations is essential.

  • Misconception 7: Once submitted, the information on the Application Data Sheet cannot be changed.
  • Changes may be permitted. Amendments can be made to correct errors or update information, but they must be done in compliance with USPTO rules and within specific time frames.

  • Misconception 8: The Application Data Sheet is only relevant for the initial filing.
  • This form can play a role throughout the lifecycle of the application. It remains important for any amendments or continuations, particularly regarding claims for priority or benefits.

Understanding these misconceptions is crucial. By ensuring accurate and timely submission of the Application Data Sheet, applicants can protect their inventions and navigate the patent process more effectively.

Key takeaways

The Application Data Sheet 37 form serves an essential role in the patent application process. Understanding this form is crucial for inventors and applicants alike. Below are key takeaways regarding its use and completion:

  • All sections must be completed accurately. The form asks for bibliographic data critical to processing your patent application. Ensure that every item is filled out correctly to avoid processing delays.
  • List all inventors. It's imperative to include the legal names of all inventors. This includes providing complete residence information and any necessary mailing addresses.
  • Choose the correct correspondence information. Opt to enter either your Customer Number or fill out the correspondence information. This decision affects how the USPTO will contact you regarding your application.
  • Understand the secrecy order implications. If your application is subject to a secrecy order, be aware that it cannot be filed electronically. Ensure compliance to avoid legal pitfalls.
  • Claim priority correctly. When applicable, use the Domestic Benefit/National Stage Information section to indicate any prior applications that your current application is claiming benefit from, which is vital for establishing filing dates and rights.
  • Request early publication or not. If you prefer your application not to be published, this request must be clearly indicated on the form. Otherwise, it will be published automatically.
  • Provide adequate representative information. If applicable, include information for any practitioners with power of attorney. This step does not automatically confer power of attorney, so ensure compliance with requirements.

Completing the Application Data Sheet 37 form correctly is vital for ensuring smooth processing of your patent application. Attention to detail and understanding the implications of each section can significantly influence the success of your filing.