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, 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:
Topics:
Patent Law,
Patent Procedure