What is required for a person with ‘sufficient proprietary interest’ to file a patent application?

A person who shows sufficient proprietary interest in the matter can file a patent application, but must submit a petition as outlined in 37 CFR 1.46(b)(2). The petition must include:

1. The fee set forth in § 1.17(g)
2. A showing that the person has sufficient proprietary interest in the matter
3. A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties

The MPEP further explains that a proprietary interest can be demonstrated by an appropriate legal memorandum to the effect that a court of competent jurisdiction (federal, state, or foreign) would by the weight of authority in that jurisdiction award title of the invention to the 37 CFR 1.46 applicant. This should be supported by an affidavit or declaration and prepared by an attorney familiar with the relevant jurisdiction’s law.

To learn more:

• sufficient proprietary interest
• patent application
• petition
• legal memorandum