---
kind: "section"
citation: "37 C.F.R. § 42.9"
title: "37"
number: "42.9"
heading: "Action by patent owner."
url: "https://uscodex.org/cfr/37/42.9"
---

# §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](/cfr/37/3.71.md) 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.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.