The new AIA Application Data Sheet

Changing Information

With the America Invents Act (AIA) came a new Application Data Sheet (ADS) and new rules. When changing inventor or applicant information, now a corrected ADS is required rather than a supplementary ADS. The corrected ADS must include the information to be changed using strike-through or brackets to show text removed and underlining for insertions. I personally have had one kicked back to me because the deleted portion was circled rather than struck-through.

Submitting new POA incident to Assignment

If you (as a company) receive a patent application via assignment, you will likely prefer to choose your own attorney to handle prosecution rather than the attorney that was previously handling prosecution. In this case, your attorney will have to submit a corrected Application Data Sheet including your company as the Applicant along with the POA (Form AIA80), transmittal of PO (AIA82), and Statement per 37 CFR 3.73(c) (Form AIA96).

If you have not yet gotten a digital or paper copy of the patent application file, be at least sure to get a copy of the original ADS and the reel and frame number where the assignment between the inventors and the previous assignee was recorded from the previous applicant. It can be another hassle if the patent application becomes abandoned while you wait for this information. The PTO will not accept the POA without these documents.