How is an arbitration award enforced in patent cases?

Enforcement of arbitration awards in patent cases requires specific steps as outlined in 35 U.S.C. 294(d) and 37 CFR 1.335. Key points include:

• The patentee, assignee, or licensee must file a written notice of the award with the USPTO Director.
• The notice must include details about the patent, parties involved, and a copy of the award.
• The award is unenforceable until the required notice is received by the Director.

As stated in 35 U.S.C. 294(e): “The award shall be unenforceable until the notice required by subsection (d) is received by the Director.”

This requirement ensures that the USPTO is informed of arbitration outcomes affecting patent rights.

For more information on arbitration awards, visit: arbitration awards.

For more information on patent enforcement, visit: patent enforcement.

For more information on USPTO procedures, visit: USPTO procedures.