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)
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:
- For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
- For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.
For more detailed information, the MPEP directs readers to:
- MPEP § 324 for applications filed before September 16, 2012
- MPEP § 325 for applications filed on or after September 16, 2012
MPEP 400 - Representative of Applicant or Owner (1)
No, this specific requirement does not apply to all patent applications. The MPEP clearly states:
‘[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]’
This means that the requirement to provide the last known address of a nonsigning inventor is only applicable to pre-AIA applications filed before September 16, 2012, under 37 CFR 1.47. For applications filed on or after this date, different rules may apply, and applicants should consult the current USPTO guidelines or seek legal advice.
To learn more:
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Patent Law (2)
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:
- For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
- For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.
For more detailed information, the MPEP directs readers to:
- MPEP § 324 for applications filed before September 16, 2012
- MPEP § 325 for applications filed on or after September 16, 2012
No, this specific requirement does not apply to all patent applications. The MPEP clearly states:
‘[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]’
This means that the requirement to provide the last known address of a nonsigning inventor is only applicable to pre-AIA applications filed before September 16, 2012, under 37 CFR 1.47. For applications filed on or after this date, different rules may apply, and applicants should consult the current USPTO guidelines or seek legal advice.
To learn more:
To learn more:
Patent Procedure (2)
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:
- For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
- For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.
For more detailed information, the MPEP directs readers to:
- MPEP § 324 for applications filed before September 16, 2012
- MPEP § 325 for applications filed on or after September 16, 2012
No, this specific requirement does not apply to all patent applications. The MPEP clearly states:
‘[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]’
This means that the requirement to provide the last known address of a nonsigning inventor is only applicable to pre-AIA applications filed before September 16, 2012, under 37 CFR 1.47. For applications filed on or after this date, different rules may apply, and applicants should consult the current USPTO guidelines or seek legal advice.
To learn more:
To learn more: