Why is determining who should direct prosecution important in patent applications?

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.

MPEP 303 highlights the importance of determining who should direct prosecution:

“When the assignment condition of an application is significant, such as… when there is a question as to who should direct prosecution, it is necessary for the examiner to obtain assignment information from PALM.” (MPEP 303)

Determining who should direct prosecution is crucial because:

• It ensures that the rightful owner or assignee is making decisions about the application
• It prevents unauthorized individuals from influencing the prosecution process
• It helps resolve potential disputes over ownership or control of the application
• It maintains the integrity of the patent examination process

When there’s uncertainty about this, examiners must verify assignment information to ensure proper handling of the application.