What proof of proprietary interest is required for a pre-AIA 37 CFR 1.47(b) application?

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.

For a pre-AIA 37 CFR 1.47(b) application, the applicant must prove one of the following:

• The invention has been assigned to the applicant
• The inventor has agreed in writing to assign the invention to the applicant
• The applicant otherwise has sufficient proprietary interest in the subject matter to justify filing the application

As stated in MPEP 409.03(f):

“When an application is deposited pursuant to pre-AIA 37 CFR 1.47(b), the pre-AIA 37 CFR 1.47(b) applicant must prove that (A) the invention has been assigned to the applicant, or (B) the inventor has agreed in writing to assign the invention to the applicant, or (C) the applicant otherwise has sufficient proprietary interest in the subject matter to justify the filing of the application.”

The specific documentation required depends on which of these conditions is being met.