How is the enforceability of patent arbitration awards determined?

The enforceability of patent arbitration awards is contingent upon proper notice being filed with the USPTO. According to 35 U.S.C. 294(e) and 37 CFR 1.335(c):

‘The award shall be unenforceable until the notice required by subsection (d) is received by the Director.’

This means that until the proper notice of the arbitration award is filed with the USPTO, the award cannot be enforced. It’s crucial for parties involved in patent arbitration to ensure that all required notices are filed promptly to maintain the enforceability of the award.