What does ‘sufficient proprietary interest’ mean in the context of patent applicants?
The term ‘sufficient proprietary interest’ is introduced in the MPEP § 605 for patent applications filed on or after September 16, 2012. The MPEP states:
“Effective September 16, 2012, the Office revised the rules of practice to permit […] a person who otherwise shows sufficient proprietary interest in the matter to file and prosecute an application for patent as the applicant on behalf of the inventor.”
‘Sufficient proprietary interest’ typically means that the person or entity has a significant commercial or financial stake in the invention, even if they are not the inventor or assignee. This could include:
- Licensees with exclusive rights to the invention
- Investors who have funded the development of the invention
- Joint venture partners involved in the invention’s creation
To be considered as having ‘sufficient proprietary interest’, the person or entity must typically provide evidence of their interest and may need to submit a petition to the USPTO. The inventor(s) must also provide authorization for this person or entity to act as the applicant.
This provision allows for greater flexibility in who can file and prosecute patent applications, particularly benefiting startups, research institutions, and collaborative innovation projects.
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