What notice requirements exist for patent arbitration awards?

When an arbitration award is made involving a patent, there are specific notice requirements as outlined in 35 U.S.C. 294(d) and 37 CFR 1.335. Key points include:

  • The patentee, assignee, or licensee must provide written notice to the USPTO Director.
  • A separate notice is required for each patent involved.
  • The notice must include names and addresses of parties, inventor name, patent owner name, patent number, and a copy of the award.
  • If the award is modified by a court, notice of the modification must also be filed.

Failure to file the required notice can result in the award being unenforceable.

Topics: MPEP 300 - Ownership and Assignment, MPEP 311 - Filing of Notice of Arbitration Awards, Patent Law, Patent Procedure
Tags: arbitration awards, notice requirements, patent arbitration, USPTO secrecy