What Is Form 37 for a Patent Application?

Inventors submitting an application to the United States Patent and Trademark Office (USPTO) may search for a specific “Form 37” as the transmittal form. However, this number does not correspond to the initial application cover sheet. The primary document for presenting bibliographic information is the Application Data Sheet (ADS), governed by regulation 37 CFR 1.76. This sheet is a structured summary of the application’s key details and a central component of the package submitted for examination.

Completing the Application Data Sheet

The Application Data Sheet, officially designated as form PTO/AIA/14, is the standardized document for submitting essential information about a patent application. The most current version of this form is available on the USPTO’s website. The form is designed to be completed electronically, which helps minimize data entry errors when the USPTO processes the submission.

The form begins with sections for inventor and applicant information, requiring the full legal name, residence, and mailing address for each inventor. The correspondence information section must be filled out, as this is the address the USPTO will use for all official communications. This can be the applicant’s address or that of their registered patent attorney or agent. A USPTO-assigned Customer Number can also be used here to populate address details.

The form requires details about the application itself, including a brief but descriptive title of the invention and the application type. A separate but associated document, like the Fee Transmittal form (PTO/SB/17), is used to calculate the required filing, search, and examination fees. These fees are based on their entity status—standard, small, or micro-entity—as fees are significantly reduced for smaller entities. The form must be signed by the applicant or their representative.

Assembling the Full Patent Application Package

The Application Data Sheet does not constitute a patent application on its own; it is one piece of a comprehensive package. The most substantial part of the submission is the specification. This document is the core technical disclosure of the invention, including a background, a brief summary, and a detailed description that teaches how to make and use the invention. The specification must be complete, as no new matter can be added after the filing date is granted.

Following the specification are the claims, which are a series of numbered sentences that legally define the boundaries of the invention for which protection is sought. Each claim delineates a specific aspect of the invention and is scrutinized during the examination process to determine patentability. The claims must be fully supported by the disclosure in the specification.

Drawings are another required component if they are necessary to understand the invention. These are typically black-and-white line drawings that illustrate the invention’s structure or process, with each part labeled with a reference numeral. An abstract of the disclosure is also required, providing a brief summary of the technical information in the specification.

Finally, the package must include an executed Inventor’s Oath or Declaration. This is a formal statement, on a form like PTO/AIA/01, in which each inventor affirms they believe themselves to be the original inventor. This document confirms their role and acknowledges their duty to disclose all known information relevant to patentability.

The Filing Process

Once the entire application package is assembled, the final step is to file it with the USPTO. The most common and recommended method is through the USPTO’s Patent Center portal. This web-based system allows filers to upload all the necessary documents directly to the agency. This method provides an immediate, electronic acknowledgment receipt confirming the submission.

When using the electronic system, the applicant or their representative will create a submission package by uploading each document type into the correct category. The system then prompts the user to review the documents and calculate the necessary fees. Payment can be made directly through the portal using a credit card, electronic funds transfer, or a USPTO deposit account.

Alternatively, an application can be submitted by mail, though this is less common. If using this method, it is advisable to use the United States Postal Service’s Priority Mail Express service, as this provides a “date of deposit” that will be considered the official filing date. After the USPTO processes the initial submission, it will issue an official Filing Receipt containing the assigned application number and official filing date.