Can arbitration awards in patent disputes be modified?
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).
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 311 - Filing of Notice of Arbitration Awards,
Patent Law,
Patent Procedure