How does the USPTO handle conflicting instructions from multiple assignees?
When the USPTO receives conflicting instructions from multiple assignees or co-inventors regarding a patent application, it follows a specific protocol to ensure fair treatment of all parties. According to MPEP 106, the USPTO will not arbitrate disputes between the parties.
In such cases, the USPTO typically:
- Suspends action on the application until the conflict is resolved
- Notifies all parties of the conflicting instructions
- Advises the parties to resolve the dispute among themselves or through the courts
- Resumes prosecution only when clear, consistent instructions are received from all interested parties or when a court order is issued
This approach ensures that the USPTO remains neutral and that the rights of all assignees and inventors are protected throughout the patent prosecution process.
Topics:
MPEP 106-Control of Inspection by Assignee,
Patent Law,
Patent Procedure