How does the USPTO handle conflicting instructions from multiple assignees?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.