Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

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.