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During the pendency of an interference, if the administrative patent judge becomes aware of an application or a patent not involved in the interference which claims the same patentable invention as a count in the interference, the administrative patent judge may add the application or patent to the interference on such terms as may be fair to all parties.
[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; revised. 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
(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.
(b) An assignee of a part interest in an application or patent involved in an interference may file a motion (§ 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 48416, Dec. 12, 1984, added effective Feb. 11, 1985; para. (b) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
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