Can arbitration awards in patent disputes be modified?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. Yes, arbitration awards in patent disputes can be modified under certain circumstances. According to 35 U.S.C. 294(c) : ‘The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration.’ If an award is modified, the party requesting the modification must file a notice with the USPTO, as per 37 CFR 1.335(b) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Arbitration Awards Must Be Sent to Office of the Solicitor MPEP 311 Required Modification of Arbitration Award Upon Invalid Patent MPEP 311 Required Notice Requirement for Modified Arbitration Awards MPEP 311 Required Alternative Notice Submission for Arbitration Awards MPEP 311 Required Notice of Arbitrator Award Must Be Filed MPEP 311 Required Arbitration Award Unenforceable Until Notices Filed MPEP 311 Required Notice Must Include Patent Details and Arbitration Parties MPEP 311 Required Arbitration of Disputes Governed by Title 9 MPEP 311 Required Patent Notice Must Include Specific Information MPEP 311 Required Party May File Required Notice If Not Filed By Designated Party MPEP 311 Required Other Related FAQs 5 FAQs Collapse What is voluntary arbitration in patent disputes? What notice requirements exist for patent arbitration awards? How binding are arbitration awards in patent disputes? What defenses can be considered in patent arbitration proceedings? How is the enforceability of...