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