Who can prosecute a patent application as the applicant?

According to MPEP 325, one or more assignees can conduct prosecution of a national patent application as the applicant. Specifically, 37 CFR 3.71(b) states that:

“The assignee(s) who may conduct either the prosecution of a national application for patent as the applicant under § 1.46 of this title or a supplemental examination or reexamination proceeding are:

• (1) A single assignee. An assignee of the entire right, title and interest in the application or patent, or
• (2) Partial assignee(s) together or with inventor(s). All partial assignees, or all partial assignees and inventors who have not assigned their right, title and interest in the application or patent, who together own the entire right, title and interest in the application or patent.”

This means that either a single assignee with full ownership, or all partial assignees and remaining inventors collectively, can prosecute the application as the applicant.

For more information on prosecution, visit: prosecution.