What happens if there are conflicting ownership claims in a patent application?

When multiple parties submit conflicting ownership claims for a patent application, the USPTO has a process to determine which party, if any, will control the prosecution. According to MPEP 325 and 37 CFR 3.73(c)(3):

“Where two or more purported assignees file conflicting 37 CFR 3.73(c) statements in an application or other Office proceeding, the Director will determine which, if any, purported assignee will be permitted to control prosecution of the application.”

The process typically involves the following steps:

1. The Office official in charge of the application forwards the case to the Office of Patent Legal Administration.
2. The Office of Patent Legal Administration reviews the conflicting claims and makes a determination.
3. Generally, the current applicant is allowed to continue prosecution while the dispute is resolved.
4. The other party claiming ownership may consider filing their own separate application.

It’s important to note that this process is primarily for determining who controls the prosecution of the application. It does not resolve underlying ownership disputes, which may need to be settled through other legal channels.

For more information on USPTO, visit: USPTO.