Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 106-Control of Inspection by Assignee (1)
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.
MPEP 400 - Representative of Applicant or Owner (1)
How does the USPTO handle conflicting instructions from multiple representatives?
When multiple representatives are authorized to act on behalf of an applicant or assignee, conflicts may arise if they provide contradictory instructions. The USPTO has a clear procedure for handling such situations. According to MPEP 402.04, “Where an applicant is represented by more than one practitioner, the Office will direct all communications to the first named representative (the representative of record) in absence of a request to the contrary or in absence of revocation of power of attorney.” This means that if conflicting instructions are received, the USPTO will generally follow the guidance provided by the representative of record, ensuring a clear line of communication and decision-making.
To learn more:
Patent Law (2)
How does the USPTO handle conflicting instructions from multiple representatives?
When multiple representatives are authorized to act on behalf of an applicant or assignee, conflicts may arise if they provide contradictory instructions. The USPTO has a clear procedure for handling such situations. According to MPEP 402.04, “Where an applicant is represented by more than one practitioner, the Office will direct all communications to the first named representative (the representative of record) in absence of a request to the contrary or in absence of revocation of power of attorney.” This means that if conflicting instructions are received, the USPTO will generally follow the guidance provided by the representative of record, ensuring a clear line of communication and decision-making.
To learn more:
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.
Patent Procedure (2)
How does the USPTO handle conflicting instructions from multiple representatives?
When multiple representatives are authorized to act on behalf of an applicant or assignee, conflicts may arise if they provide contradictory instructions. The USPTO has a clear procedure for handling such situations. According to MPEP 402.04, “Where an applicant is represented by more than one practitioner, the Office will direct all communications to the first named representative (the representative of record) in absence of a request to the contrary or in absence of revocation of power of attorney.” This means that if conflicting instructions are received, the USPTO will generally follow the guidance provided by the representative of record, ensuring a clear line of communication and decision-making.
To learn more:
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.