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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Assignee of Part Interest Can Inspect Application MPEP 106.01 Assignee of Entire Interest Can File Application MPEP 106 Permitted Assignee of Entire Interest Can Prosecute Application MPEP 106.01 Permitted Assignee CanProsecute After Becoming Applicant MPEP 106.01 Inventor Can Review Application Unless Requested Otherwise MPEP 106 Request to Prevent Inventor Access Must Be Filed Separately MPEP 106 Recommended Access Restriction Ends Upon Public Disclosure MPEP 106 Reissue Oath by Assignee of Entire Interest MPEP 1410.01 Inventor or Assignee Must Sign Reissue Declaration MPEP 1410.01 Permitted Patent Practitioner Must Have Authority to Sign Reissue Declaration for Juristic Entity MPEP 1414.01 Prohibited Other Related FAQs 5 FAQs Collapse Can a licensee of exclusive right prosecute a patent application? How did the America Invents Act change assignee prosecution rights? What is the significance of 37 CFR 1.46 in patent application prosecution? How does the America Invents Act (AIA) affect assignee rights in patent applications? What are the differences in assigne...