What is the ‘real party in interest’ in a patent appeal brief?
The ‘real party in interest’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. It refers to the actual entity that owns the rights to the patent application. According to the MPEP:
“A statement identifying by name the real party in interest at the time the appeal brief is filed, except that such statement is not required if the named inventor or inventors are themselves the real party in interest.”
The purpose of this requirement is to allow members of the Board to comply with ethics regulations and avoid potential conflicts of interest. For example:
- If the application is assigned to a subsidiary corporation, the real party in interest is both the assignee and the parent corporation(s).
- In joint ventures, all participating corporations should be listed.
If this information is not provided, “the Office may assume that the named inventor or inventors are the real party in interest.”
To learn more: