§ 42.9 Action by patent owner.
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Title 37 CFR: Patents, Trademarks, and Copyrights › Chapter I: UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › Part 42: TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart A: Trial Practice and Procedure › § 42.9: § 42.9 Action by patent owner.
Text
(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.
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