Who can intervene in the prosecution of a patent application?
According to MPEP 106.01, only the assignee of record of the entire interest in a patent application can intervene in its prosecution. The MPEP states:
While it is only the assignee of record of the entire interest who can intervene in the prosecution of an application or interference to the exclusion of the applicant […]
This means that partial assignees, licensees of exclusive rights, or other parties with limited interests cannot intervene in the prosecution process or exclude the original applicant. The right to intervene is reserved exclusively for the assignee who has been recorded as having the entire interest in the application.
For applications filed on or after September 16, 2012, the assignee of the entire interest can also become the applicant under 37 CFR 1.46 and prosecute the application directly.
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