What is voluntary arbitration in patent disputes?

Question

Accepted Answer

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. Voluntary arbitration in patent disputes is a process outlined in 35 U.S.C. 294 where parties can agree to settle disputes related to patent validity or infringement through arbitration. The law states: ‘A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract.’ This allows parties to resolve patent-related conflicts outside of the court system, potentially saving time and resources. 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 Arbitration of Patent Validity and Infringement Disputes MPEP 311 Permitted Modification of Arbitration Award Upon Invalid Patent MPEP 311 Required Arbitration of Disputes Governed by Title 9 MPEP 311 Required Parties May Agree to Arbitrate Patent Validity or Infringement Disputes MPEP 311 Required Patentee Must Notify Director of Arbitration Award MPEP 311 Required Alternative Notice Submission for Arbitration Awards MPEP 311 Required Notice of Arbitrator Award Must Be Filed MPEP 311 Required Notice Requirement for Modified Arbitration Awards MPEP 311 Required Arbitration Award Unenforceable Until Notices Filed MPEP 311 Required Other Related FAQs 5 FAQs Collapse Can arbitration awards in patent disputes be modified? 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 patent arbitration awards determined?