37 CFR § 42.9 - Action by patent owner.

---
identifier: "/us/cfr/t37/s42.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 42.9 - Action by patent owner."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "42.9"
section_name: "Action by patent owner."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "42"
part_name: "TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "77 FR 48669, Aug. 14, 2012, unless otherwise noted."
cfr_part: "42"
---


# 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 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.