37 CFR § 1.335 — Filing of notice of arbitration (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.335 Filing of notice of arbitration
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.335, including 11 rules 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.
Summary
This section mandates that practitioners file written notices of arbitration awards directly to the Office of the Solicitor, ensuring compliance with MPEP 3737 CFR 1.335 and adherence to specific filing requirements.
What this section covers
- This section covers the requirement for filing written notices of arbitration awards.
Key obligations
- Practitioners must ensure that all written notices of arbitration awards are directed to the Office of the Solicitor.
- Adhering to the specific filing requirements set forth in MPEP 3737 CFR 1.335 is a key compliance obligation.
Practice notes
- Ensure all necessary information is included in the notice to comply with MPEP 3737 CFR 1.335.
- Always check the most current version of MPEP 3737 CFR 1.335 for any updates to ensure compliance.
Official MPEP § 1.335 — Filing of notice of arbitration
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.335 Filing of notice of arbitration awards.
- (a) Written notice of any award by an arbitrator pursuant to 35 U.S.C. 294 must be filed in the Patent and Trademark Office by the patentee or the patentee’s assignee or licensee. If the award involves more than one patent a separate notice must be filed for placement in the file of each patent. The notice must set forth the patent number, the names of the inventor and patent owner, and the names and addresses of the parties to the arbitration. The notice must also include a copy of the award.
- (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. The notice must set forth the patent number, the names of the inventor and patent owner, and the names and addresses of the parties to the arbitration. The notice must also include a copy of the court’s order modifying the award.
- (c) Any award by an arbitrator pursuant to 35 U.S.C. 294 shall be unenforceable until any notices required by paragraph (a) or (b) of this section are filed in the Patent and Trademark Office. If any required notice is not filed by the party designated in paragraph (a) or (b) of this section, any party to the arbitration proceeding may file such a notice.
[48 FR 2696, Jan. 20, 1983, effective Feb. 8, 1983]
| MPEP Section | Rules |
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| MPEP § 311 |