Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

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.