37 CFR 42.9: Action by patent owner

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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42.9    Action by patent owner.

  • (a) Entire interest. An owner of the entire interest in an involved application or patent may act to the exclusion of the inventor (see § 3.71 of this title).
  • (b) Part interest. An owner of a part interest in the subject patent may move to act to the exclusion of an inventor or a co-owner. The motion must show the inability or refusal of an inventor or co-owner to prosecute the proceeding or other cause why it is in the interests of justice to permit the owner of a part interest to act in the trial. In granting the motion, the Board may set conditions on the actions of the parties.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]