What is the purpose of MPEP 409.03(f) – Proof of Proprietary Interest?

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.

MPEP 409.03(f) – Proof of Proprietary Interest outlines the requirements for establishing proprietary interest in a patent application when an inventor refuses to execute an oath or declaration. The section states:

‘If an inventor refuses to execute an oath or declaration under 37 CFR 1.63, the party to whom the inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make application for patent as provided in 37 CFR 1.46.’

This section provides guidance on how to prove sufficient proprietary interest, which is crucial for applicants who need to file a patent application without the inventor’s cooperation.