How can a person with sufficient proprietary interest file a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.