Who is responsible for filing the notice of arbitration award with the USPTO?

The responsibility for filing the notice of arbitration award with the USPTO is primarily assigned to the patent owner or their representatives, but there are provisions for other parties to file if necessary. According to 35 U.S.C. 294(d) and 37 CFR 1.335:

• The patentee, assignee, or licensee is primarily responsible for filing the notice.
• If the required notice is not filed by the designated party, any party to the arbitration proceeding may file the notice.

35 U.S.C. 294(d) states: “When an award is made by an arbitrator, the patentee, his assignee or licensee shall give notice thereof in writing to the Director.”

This flexibility ensures that the USPTO is informed of arbitration outcomes, even if the primary responsible party fails to file the notice.