What defenses can be considered in patent arbitration proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. In patent arbitration proceedings, the defenses provided under 35 U.S.C. 282 must be considered by the arbitrator if raised by any party. This is specified in 35 U.S.C. 294(b) : ‘In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.’ These defenses typically include noninfringement, absence of liability for infringement, unenforceability, and invalidity of the patent or any claim in suit. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Arbitration Awards Must Be Sent to Office of the Solicitor MPEP 311 Required Defenses Must Be Considered If Raised in Arbitration MPEP 311 Required Modification of Arbitration Award Upon Invalid Patent MPEP 311 Required Alternative Notice Submission for Arbitration Awards MPEP 311 Required Arbitration Award Unenforceable Until Notices Filed MPEP 311 Required Party May File Required Notice If Not Filed By Designated Party MPEP 311 Required Arbitration of Disputes Governed by Title 9 MPEP 311 Required Notice Must Include Patent Details and Arbitration Parties MPEP 311 Required Patentee Must Notify Director of Arbitration Award MPEP 311 Required Notice of Arbitrator Award Must Be Filed MPEP 311 Required Other Related FAQs 5 FAQs Collapse Can arbitration awards in patent disputes be modified? What is voluntary arbitration in patent disputes? What notice requirements exist for patent arbitration awards? How binding are arbitration awards in patent disputes? How is the enforceability of patent arbitration awards determined?