Can an arbitration award be modified, and how is this reported to the USPTO?

Yes, an arbitration award can be modified by a court, and this modification must be reported to the USPTO. The process is outlined in 35 U.S.C. 294(c) and 37 CFR 1.335(b):

• If a court modifies an arbitration award, the party requesting the modification must file a notice with the USPTO.
• The notice should be filed for each patent affected by the modification.
• It must include the patent number, names of the inventor and patent owner, names and addresses of the arbitration parties, and a copy of the court’s order modifying the award.

As stated in 37 CFR 1.335(b): “If an award by an arbitrator pursuant to 35 U.S.C. 294 is modified by a court, the party requesting the modification must file in the Patent and Trademark Office, a notice of the modification for placement in the file of each patent to which the modification applies.”

This ensures that the USPTO’s records reflect the most current status of patent rights affected by arbitration and subsequent court decisions.