What is the significance of ‘facts showing the right’ in proving 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.

What is the significance of ‘facts showing the right’ in proving proprietary interest?

The phrase ‘facts showing the right’ is crucial in proving proprietary interest for patent applications. According to MPEP 409.03(f):

‘Facts showing the right or authority to make the petition must be proved in accordance with 37 CFR 1.46.’

This means that:

• Applicants must provide concrete evidence demonstrating their right to file and prosecute the patent application.
• The evidence should clearly establish the applicant’s legal authority or ownership of the invention.
• These facts are essential for the USPTO to determine if the applicant has the proper standing to proceed with the application.

Examples of such facts might include:

• Documentation of employment agreements assigning invention rights to an employer
• Contracts showing transfer of rights from inventors to the applicant
• Court orders establishing ownership in cases of disputes

The significance of these ‘facts showing the right’ is that they protect the interests of all parties involved and ensure that patent rights are granted to the rightful owners or their authorized representatives.