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Can an assignee of part interest file papers against the inventor’s wishes?

By russ.krajec@blueironip.com | September 9, 2024

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,…

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What rights does an assignee of part interest have in a patent application?

By russ.krajec@blueironip.com | September 9, 2024

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…

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Who can be an applicant for a patent application filed on or after September 16, 2012?

By russ.krajec@blueironip.com | September 9, 2024

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…

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