What must an applicant with sufficient proprietary interest submit with their patent application?

An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:

  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

This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.

Topics: MPEP 300 - Ownership and Assignment, MPEP 308 - Issue to Applicant, Patent Law, Patent Procedure
Tags: 37 CFR 1.46, international patent applications, petition for access, proprietary interest