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.