37 CFR § 41.9 — Action by owner. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.9 Action by owner.
This page consolidates MPEP guidance interpreting 37 CFR § 41.9, including 0 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 41.9 — Action by owner.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.9 Action by owner.
[Editor Note: Para. (a) below is applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
- (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.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[ *The revisions to para. (a) effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 41.9 (pre‑AIA) for the rule otherwise in effect.]