What rights does an assignee of part interest have in a patent application?

An assignee of part interest in a patent application has the following rights:

  • They may access the application file (except when it’s under a secrecy order)
  • They may intervene in the prosecution of the application to protect their interests
  • They may file papers against the wishes of the inventor or other assignees, subject to the Commissioner’s discretion

As stated in MPEP 106.01: “An assignee of part interest in the entire right, title and interest in an application … has the right to inspect and obtain copies of papers in the application file.”

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Topics: Patent Law, Patent Procedure
Tags: application access, part interest, patent assignee