How does an applicant demonstrate a proprietary interest under pre-AIA 37 CFR 1.47(b)?

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.

To file an application under pre-AIA 37 CFR 1.47(b), an applicant must demonstrate a proprietary interest in the subject matter of the application. The MPEP outlines three ways to establish this:

1. Show that the invention has been assigned to the applicant
2. Provide evidence that the inventor has agreed in writing to assign the invention to the applicant
3. Otherwise demonstrate a proprietary interest in the subject matter of the application

The MPEP states: “The pre-AIA 37 CFR 1.47(b) applicant must make out a prima facie case (1) that the invention has been assigned to him or her or (2) that the inventor has agreed in writing to assign the invention to him or her or (3) otherwise demonstrate a proprietary interest in the subject matter of the application.”

For more detailed information on demonstrating proprietary interest, refer to MPEP § 409.03(f).