What is the significance of 37 CFR 1.46 in patent application prosecution?

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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. 37 CFR 1.46 is significant in patent application prosecution, particularly for applications filed on or after September 16, 2012. According to MPEP 106.01, this regulation allows the assignee of record of the entire interest to become the applicant and prosecute the application. The MPEP states: ‘…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 regulation is part of the changes implemented by the America Invents Act (AIA) and provides more flexibility for assignees in managing patent applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Assignee of Entire Interest Can Prosecute Application MPEP 106.01 Permitted Assignee of Entire Interest Can File Application MPEP 106 Permitted Assignee CanProsecute After Becoming Applicant MPEP 106.01 Assignee of Part Interest Can Inspect Application MPEP 106.01 Reissue Oath by Assignee of Entire Interest MPEP 1410.01 Requirement for Assignee as Applicant Signature MPEP 1414.02 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 Consent Must Be Signed by Assignee for Pre-2012 Applications MPEP 1410.02 Required Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect assignee rights in patent applications? What are the differences in assignee rights for applications filed before and after September 16, 2012? What rights does an assignee of the entire interest in a patent application have regarding inspection? Can an assignee of the entire int...