PA 10 - Joint applicants

Question 1

What do you do if joint applicants disagree on prosecution of a case (s10)

Answer 1

the Comptroller can be asked by any of the parties to arbitrate and direct how to proceed
and/or
alter the number of applicants

Question 2

What stage of the patent process is section 10 limited to

Answer 2

Section 10 is limited to matters of prosecution
Other dispute forums are available for other matters

Question 3

How are disputes during prosecution managed for joint applicants

Answer 3

According to the rules for proceedings before the Comptroller

Question 4

How do you deal with the splitting of joint parties as their attorney

Answer 4

This may become a conflict of interest, would need to select one party to continue to represent, and advise the other to seek new representation

Question 5

What should be considered when dealing with disputes with joint applicants

Answer 5

Check for any agreements in place
consider amicable agreement (assignment, comfort letter) if sensible
attempt early settlement when one party is clearly wrong. They could bear court costs if they reject it.