MPEP § 106.01 — Rights of Assignee of Part Interest (Annotated Rules)
§106.01 Rights of Assignee of Part Interest
This page consolidates and annotates all enforceable requirements under MPEP § 106.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Rights of Assignee of Part Interest
This section addresses Rights of Assignee of Part Interest. Primary authority: 37 CFR 1.46) and 37 CFR 1.46. Contains: 1 permission and 2 other statements.
Key Rules
Assignee of Entire Interest
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 (or, for applications filed on or after September 16, 2012, can prosecute the application after becoming the applicant under 37 CFR 1.46), an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. For information pertaining to prosecution by the assignee, see MPEP § 324 (for applications filed before September 16, 2012) and MPEP § 325 (for applications filed on or after September 16, 2012).
Assignee of Part Interest (MPEP 106.01)
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 (or, for applications filed on or after September 16, 2012, can prosecute the application after becoming the applicant under 37 CFR 1.46), an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. For information pertaining to prosecution by the assignee, see MPEP § 324 (for applications filed before September 16, 2012) and MPEP § 325 (for applications filed on or after September 16, 2012).
AIA Effective Dates
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 (or, for applications filed on or after September 16, 2012, can prosecute the application after becoming the applicant under 37 CFR 1.46), an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. For information pertaining to prosecution by the assignee, see MPEP § 324 (for applications filed before September 16, 2012) and MPEP § 325 (for applications filed on or after September 16, 2012).
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates Assignee of Entire Interest Assignee of Part Interest (MPEP 106.01) | 37 CFR § 1.46 |
| AIA Effective Dates Assignee of Entire Interest Assignee of Part Interest (MPEP 106.01) | MPEP § 324 |
| AIA Effective Dates Assignee of Entire Interest Assignee of Part Interest (MPEP 106.01) | MPEP § 325 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 106.01 — Rights of Assignee of Part Interest
Source: USPTO106.01 Rights of Assignee of Part Interest [R-11.2013]
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 (or, for applications filed on or after September 16, 2012, can prosecute the application after becoming the applicant under 37 CFR 1.46), an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. For information pertaining to prosecution by the assignee, see MPEP § 324 (for applications filed before September 16, 2012) and MPEP § 325 (for applications filed on or after September 16, 2012).