§ 41.9. Action by owner.
146 words·~1 min read·
/us/cfr/t37/s§ 41.9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Entire interest. An owner of the entire interest in an application or patent involved in a Board proceeding may act in the proceeding to the exclusion of the inventor (see §§ 3.71 and 3.73 of this title).
(b)Part interest. An owner of a part interest in an application or patent involved in a Board proceeding may petition to act in the proceeding to the exclusion of an inventor or a co-owner. The petition must show the inability or refusal of an inventor or co-owner to prosecute the proceeding or other cause why it is in the interest of justice to permit the owner of a part interest to act in the proceeding. An order granting the petition may set conditions on the actions of the parties during the proceeding. \[69 FR 50003, Aug. 12, 2004, as amended at 77 FR 48826, Aug. 14, 2012\]