How can an applicant demonstrate sufficient proprietary interest without an assignment or agreement to assign?
If an applicant in a pre-AIA 37 CFR 1.47(b) application doesn’t have an assignment or agreement to assign, they can demonstrate sufficient proprietary interest by: Submitting a legal memorandum Providing an affidavit or declaration of firsthand knowledge Including copies of relevant statutes or court decisions (if non-U.S.) MPEP 409.03(f) states: “A proprietary interest obtained other…
Read MoreWhat is required for a person with ‘sufficient proprietary interest’ to file a patent application?
A person who shows sufficient proprietary interest in the matter can file a patent application, but must submit a petition as outlined in 37 CFR 1.46(b)(2). The petition must include: The fee set forth in § 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application…
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