Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
Patent Law (3)
As of September 16, 2012, the rules for who can be an applicant for a patent application were revised. According to MPEP § 605, the following individuals or entities can file and prosecute a patent application as the applicant:
- The inventor
- A person to whom the inventor has assigned the invention
- A person to whom the inventor is under an obligation to assign the invention
- A person who shows sufficient proprietary interest in the matter
The MPEP states: “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, and to permit a person who otherwise shows sufficient proprietary interest in the matter to file and prosecute an application for patent as the applicant on behalf of the inventor.”
This change allows for greater flexibility in who can be considered the applicant, potentially streamlining the patent application process for businesses and organizations.
To learn more:
An assignee of part interest in a patent application has the following rights:
- They may access the application file (except when it’s under a secrecy order)
- They may intervene in the prosecution of the application to protect their interests
- They may file papers against the wishes of the inventor or other assignees, subject to the Commissioner’s discretion
As stated in MPEP 106.01: “An assignee of part interest in the entire right, title and interest in an application … has the right to inspect and obtain copies of papers in the application file.”
To learn more:
Yes, an assignee of part interest can file papers in a patent application even if it goes against the wishes of the inventor or other assignees. However, this is subject to the Commissioner’s discretion.
According to MPEP 106.01:
“Furthermore, the assignee of a part interest may prosecute the application to the exclusion of the inventor, and may file papers against the wishes of the inventor.”
This provision allows part interest assignees to protect their rights in the application, but the Commissioner retains authority to manage conflicts between parties.
To learn more:
Patent Procedure (3)
As of September 16, 2012, the rules for who can be an applicant for a patent application were revised. According to MPEP § 605, the following individuals or entities can file and prosecute a patent application as the applicant:
- The inventor
- A person to whom the inventor has assigned the invention
- A person to whom the inventor is under an obligation to assign the invention
- A person who shows sufficient proprietary interest in the matter
The MPEP states: “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, and to permit a person who otherwise shows sufficient proprietary interest in the matter to file and prosecute an application for patent as the applicant on behalf of the inventor.”
This change allows for greater flexibility in who can be considered the applicant, potentially streamlining the patent application process for businesses and organizations.
To learn more:
An assignee of part interest in a patent application has the following rights:
- They may access the application file (except when it’s under a secrecy order)
- They may intervene in the prosecution of the application to protect their interests
- They may file papers against the wishes of the inventor or other assignees, subject to the Commissioner’s discretion
As stated in MPEP 106.01: “An assignee of part interest in the entire right, title and interest in an application … has the right to inspect and obtain copies of papers in the application file.”
To learn more:
Yes, an assignee of part interest can file papers in a patent application even if it goes against the wishes of the inventor or other assignees. However, this is subject to the Commissioner’s discretion.
According to MPEP 106.01:
“Furthermore, the assignee of a part interest may prosecute the application to the exclusion of the inventor, and may file papers against the wishes of the inventor.”
This provision allows part interest assignees to protect their rights in the application, but the Commissioner retains authority to manage conflicts between parties.
To learn more: