Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
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.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 311 - Filing of Notice of Arbitration Awards,
Patent Law,
Patent Procedure