What documents can serve as proof of proprietary interest for joint inventors?

What documents can serve as proof of proprietary interest for joint inventors?

For joint inventors, proof of proprietary interest can be established through various documents. According to MPEP 409.03(f), acceptable forms of proof include:

  • An assignment for the entire right, title, and interest in the application from all inventors to one or more joint inventors
  • Written statements from all inventors that they have assigned their rights in the application to one or more joint inventors
  • Other evidence showing that one or more joint inventors are the only inventor(s) who have the right to prosecute the application

The MPEP states: ‘Where one of several joint inventors is deceased or cannot be reached, a statement by the prosecuting inventor as to the facts, including the names of the other joint inventors, may be accepted as sufficient proof of proprietary interest.’ This provision allows for flexibility in cases where obtaining documentation from all inventors is challenging.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: joint inventors