How does the America Invents Act (AIA) affect assignee rights in patent applications?

The America Invents Act (AIA) significantly affected assignee rights in patent applications, particularly for those filed on or after September 16, 2012. MPEP 106.01 highlights one key change:

‘…for applications filed on or after September 16, 2012, [the assignee] can prosecute the application after becoming the applicant under 37 CFR 1.46.’

This change allows assignees of the entire interest to take a more active role in patent prosecution by becoming the applicant. The AIA aimed to modernize the U.S. patent system and align it more closely with international practices.

For more detailed information on how the AIA affects assignee rights, refer to MPEP § 325 for applications filed on or after September 16, 2012.

Topics: MPEP 106-Control of Inspection by Assignee, Patent Law, Patent Procedure
Tags: America Invents Act, assignee rights, international patent applications, pre-AIA