How does a person show ‘sufficient proprietary interest’ to file a patent application?
To show ‘sufficient proprietary interest’ for filing a patent application, an individual or entity must demonstrate a significant legal or equitable interest in the invention. According to MPEP 409.05:
Quote: ‘A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.’
To establish sufficient proprietary interest, the applicant must:
- Provide proof of the relevant facts demonstrating their interest in the invention
- Show that filing the application is necessary to preserve the rights of all parties involved
- Submit a petition under 37 CFR 1.46 to the Office of Petitions
The Director of the USPTO will then determine if the evidence sufficiently demonstrates proprietary interest.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure