How does the filing date affect assignee prosecution rights?

The filing date of a patent application can affect the prosecution rights of assignees. MPEP 106.01 distinguishes between applications filed before and after September 16, 2012:

• For applications filed before September 16, 2012: See MPEP § 324 for information on prosecution by the assignee.
• For applications filed on or after September 16, 2012: See MPEP § 325 for details on prosecution by the assignee.

The MPEP states: “For information pertaining to prosecution by the assignee, see MPEP § 324 (for applications filed before September 16, 2012) and MPEP § 325 (for applications filed on or after September 16, 2012).”

This distinction is important because the America Invents Act, which went into effect on September 16, 2012, introduced changes to patent law that affected assignee rights and procedures.

For more information on America Invents Act, visit: America Invents Act.

For more information on patent law changes, visit: patent law changes.