What evidence can be submitted as proof of proprietary interest under MPEP 409.03(f)?
According to MPEP 409.03(f), various forms of evidence can be submitted as proof of proprietary interest. The section states:
‘Sufficient proprietary interest is shown by an assignment or assignment of the invention to a person who is under an obligation of assignment to the applicant… Other examples of documents which may be submitted to establish proprietary interest are:
- (A) A legal memorandum which explains on the basis of the facts of the case that the person signing the 37 CFR 1.47 oath or declaration is a person who has sufficient proprietary interest in the matter;
- (B) A copy of the contract of employment or of any other contract between the inventor and assignee;
- (C) An affidavit or declaration of the specific facts which support the assignee’s claim of proprietary interest;
- (D) Other evidence which establishes the person’s authority to sign the 37 CFR 1.47 oath or declaration on behalf of and as agent for the inventor.’
These examples provide a range of documents that can be used to demonstrate proprietary interest when an inventor is unwilling or unable to execute the required oath or declaration.
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Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure