106 Control of Inspection by Assignee [R-5]
The assignee of record of the entire interest in an application may intervene in the prosecution of the application, appointing an attorney or agent of his or her own choice. See 37 CFR 3.71. Such intervention, however, does not exclude the applicant from access to the application to see that it is being prosecuted properly, unless the assignee makes specific request to that effect. Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions. If the request is granted, the inventor will be informed that he or she will only be permitted to inspect the application on sufficient showing why such inspection is necessary to conserve his or her rights, In re The Kellogg Switchboard & Supply Company, 1906 C.D. 274 (Comm’r Pat. 1906). Of course, after the application has published pursuant to 35 U.S.C. 122 (b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.
106.01 Rights of Assignee of Part Interest
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, an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. See also MPEP § 402.10 for applications accorded status under 37 CFR 1.47.