How binding are arbitration awards in patent disputes?
Arbitration awards in patent disputes are binding between the parties involved in the arbitration but do not affect others. According to 35 U.S.C. 294(c):
‘An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person.’
However, if the patent is later found invalid or unenforceable by a court, the arbitration award may be modified upon application by any party to the arbitration.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 311 - Filing of Notice of Arbitration Awards,
Patent Law,
Patent Procedure