Entitlement: Patent applications may only be filed by entitled parties, i.e., the inventor or a contractually authorized successor in title.

Unauthorized application: A lack of entitlement exists if the applicant is not entitled to file the application but has learned of the invention without acting illegally (e.g., through confidential discussions).

Unlawful appropriation: In the case of unlawful appropriation, the patent application is made through unlawful access to the invention, e.g., through industrial espionage or hacking.

Burden of proof: The applicant must prove that they are entitled and that the applicant was not entitled to file the patent application.

Causality: The invention of the true owner must have prompted the application by the unauthorized party.

Right of choice of the owner: The applicant can choose between vindication of the patent (i.e., its destruction) or its transfer to themselves.

Co-inventors: In the case of multiple co-inventors, each co-inventor may only request the transfer of their share.

No Rights of the unauthorized owner: An unauthorized patent owner may not assert any claims against the true owner.