What notice requirements exist for patent arbitration awards?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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