Can an assignee of part interest file papers against the inventor’s wishes?
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,…
Read MoreWhat inspection rights do assignees of part interest have in patent applications?
Assignees of part interest in a patent application have specific inspection rights. According to MPEP 106.01: [A]n assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. This means that while assignees of part interest cannot prosecute the application or exclude the applicant from the prosecution process, they…
Read MoreWhat rights does an assignee of part interest have in a patent application?
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…
Read MoreCan an assignee of a part interest in a patent application prevent other parties from accessing the application?
No, an assignee of a part interest in a patent application cannot prevent other parties from accessing the application. According to MPEP 106, the assignee of a part interest may not control prosecution of the application to the exclusion of the inventor or other assignees. This means that all parties with an interest in the…
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