What are the differences in assignee rights for applications filed before and after September 16, 2012?

The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:

  • For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
  • For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.

For more detailed information, the MPEP directs readers to:

  • MPEP § 324 for applications filed before September 16, 2012
  • MPEP § 325 for applications filed on or after September 16, 2012
Topics: MPEP 106-Control of Inspection by Assignee, Patent Law, Patent Procedure
Tags: assignee rights, patent application dates, September 16 2012