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)
Yes, according to MPEP 106.01, an assignee of a part interest or a licensee of exclusive right is entitled to inspect the patent application. The MPEP states: ‘an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.’
This right to inspection is distinct from the right to intervene in or prosecute the application, which is reserved for the assignee of the entire interest.
Patent Law (2)
Yes, according to MPEP 106.01, an assignee of a part interest or a licensee of exclusive right is entitled to inspect the patent application. The MPEP states: ‘an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.’
This right to inspection is distinct from the right to intervene in or prosecute the application, which is reserved for the assignee of the entire interest.
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.
To learn more:
Patent Procedure (2)
Yes, according to MPEP 106.01, an assignee of a part interest or a licensee of exclusive right is entitled to inspect the patent application. The MPEP states: ‘an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.’
This right to inspection is distinct from the right to intervene in or prosecute the application, which is reserved for the assignee of the entire interest.
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.
To learn more: