[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR41.9]

[Page 387]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.9  Action by owner.

    (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 Sec. 3.73(b) 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.