Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 106-Control of Inspection by Assignee (1)
37 CFR 1.46 is significant in patent application prosecution, particularly for applications filed on or after September 16, 2012. According to MPEP 106.01, this regulation allows the assignee of record of the entire interest to become the applicant and prosecute the application.
The MPEP states: ‘…for applications filed on or after September 16, 2012, [the assignee] can prosecute the application after becoming the applicant under 37 CFR 1.46.’
This regulation is part of the changes implemented by the America Invents Act (AIA) and provides more flexibility for assignees in managing patent applications.
Patent Law (2)
37 CFR 1.46 is significant in patent application prosecution, particularly for applications filed on or after September 16, 2012. According to MPEP 106.01, this regulation allows the assignee of record of the entire interest to become the applicant and prosecute the application.
The MPEP states: ‘…for applications filed on or after September 16, 2012, [the assignee] can prosecute the application after becoming the applicant under 37 CFR 1.46.’
This regulation is part of the changes implemented by the America Invents Act (AIA) and provides more flexibility for assignees in managing patent applications.
Yes, a company can be listed as the applicant for a patent application, but the rules differ depending on when the application was filed. According to MPEP § 605:
For applications filed on or after September 16, 2012:
“Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation to assign an invention to file and prosecute an application for patent as the applicant.”
This means that a company can be listed as the applicant if:
- The inventor has assigned the invention to the company
- The inventor is under an obligation to assign the invention to the company
For applications filed before September 16, 2012:
“For applications filed before September 16, 2012, a person to whom the inventor assigned an invention could file and prosecute an application for patent, but the inventor is considered the applicant.”
In this case, while a company could file and prosecute the application, the inventor would still be considered the applicant.
It’s important to note that regardless of who is listed as the applicant, the true inventor(s) must always be named in the application.
To learn more:
Patent Procedure (2)
37 CFR 1.46 is significant in patent application prosecution, particularly for applications filed on or after September 16, 2012. According to MPEP 106.01, this regulation allows the assignee of record of the entire interest to become the applicant and prosecute the application.
The MPEP states: ‘…for applications filed on or after September 16, 2012, [the assignee] can prosecute the application after becoming the applicant under 37 CFR 1.46.’
This regulation is part of the changes implemented by the America Invents Act (AIA) and provides more flexibility for assignees in managing patent applications.
Yes, a company can be listed as the applicant for a patent application, but the rules differ depending on when the application was filed. According to MPEP § 605:
For applications filed on or after September 16, 2012:
“Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation to assign an invention to file and prosecute an application for patent as the applicant.”
This means that a company can be listed as the applicant if:
- The inventor has assigned the invention to the company
- The inventor is under an obligation to assign the invention to the company
For applications filed before September 16, 2012:
“For applications filed before September 16, 2012, a person to whom the inventor assigned an invention could file and prosecute an application for patent, but the inventor is considered the applicant.”
In this case, while a company could file and prosecute the application, the inventor would still be considered the applicant.
It’s important to note that regardless of who is listed as the applicant, the true inventor(s) must always be named in the application.
To learn more: