Can a licensee of exclusive right prosecute a patent application?
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.
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Topics:
Patent Law,
Patent Procedure