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:

  1. The fee set forth in 37 CFR 1.17(g)
  2. A showing of sufficient proprietary interest in the matter
  3. 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
Tags: proprietary interest