How can a person with sufficient proprietary interest file a patent application?
A person who shows sufficient proprietary interest in an invention can file a patent application as the applicant. According to MPEP § 409.05, such a person must submit a petition including:
- The fee set forth in 37 CFR 1.17(g)
- A showing of sufficient proprietary interest in the matter
- A statement that making the application on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties
The proprietary interest can be demonstrated by a legal memorandum showing that a court would likely award title of the invention to the applicant. Supporting facts and documentation should be provided.
For more information on proprietary interest, visit: proprietary interest.
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure