CHAPTER I--PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE

PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents

Subpart E--Interferences

Sec. 1.643 Prosecution of interference by assignee.

(a) An assignee of record in the Patent and Trademark Office of the

entire interest in an application or patent involved in an interference

is entitled to conduct prosecution of the interference to the exclusion

of the inventor.

[[Page 133]]

(b) An assignee of a part interest in an application or patent

involved in an interference may file a motion (Sec. 1.635) for entry of

an order authorizing it to prosecute the interference. The motion shall

show the inability or refusal of the inventor to prosecute the

interference or other cause why it is in the interest of justice to

permit the assignee of a part interest to prosecute the interference.

The administrative patent judge may allow the assignee of a part

interest to prosecute the interference upon such terms as may be

appropriate.

[49 FR 48455, Dec. 12, 1984, as amended at 60 FR 14527, Mar. 17, 1995]