Can a licensee of exclusive right prosecute a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. No, a licensee of exclusive right cannot prosecute a patent application. According to MPEP 106.01 , only the assignee of record of the entire interest has the right to intervene in the prosecution of an application. The MPEP states: While it is only the assignee of record of the entire interest who can intervene in the prosecution of an application or interference to the exclusion of the applicant […], an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. This means that while a licensee of exclusive right can inspect the application, they cannot prosecute it or exclude the applicant from the prosecution process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Assignee of Part Interest Can Inspect Application MPEP 106.01 Assignee of Entire Interest Can Prosecute Application MPEP 106.01 Permitted Assignee of Entire Interest Can File Application MPEP 106 Permitted Assignee CanProsecute After Becoming Applicant MPEP 106.01 Inventor Can Review Application Unless Requested Otherwise MPEP 106 Request to Prevent Inventor Access Must Be Filed Separately MPEP 106 Recommended Access Restriction Ends Upon Public Disclosure MPEP 106 Reissue Oath by Assignee of Entire Interest MPEP 1410.01 Permission for Competitors to Inspect Application MPEP 104 Permitted Assignee Information Must Be Provided on Application Sheets MPEP 1121 Required Other Related FAQs 5 FAQs Collapse How did the America Invents Act change assignee prosecution rights? What is the significance of 37 CFR 1.46 in patent application prosecution? How does the America Invents Act (AIA) affect assignee rights in patent applications? What are the differences in assi...