37 CFR 42.410: Arbitration
Taken from the Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
Previous: §42.409 | Next: §42.411
- (a) Parties may resort to binding arbitration to determine any issue. The Office is not a party to the arbitration. The Board is not bound by, and may independently determine, any question of patentability.
- (b) The Board will not set a time for, or otherwise modify the proceeding for, an arbitration unless:
- (1) It is to be conducted according to Title 9 of the United States Code;
- (2) The parties notify the Board in writing of their intention to arbitrate;
- (3) The agreement to arbitrate:
- (i) Is in writing;
- (ii) Specifies the issues to be arbitrated;
- (iii) Names the arbitrator, or provides a date not more than 30 days after the execution of the agreement for the selection of the arbitrator;
- (iv) Provides that the arbitrator’s award shall be binding on the parties and that judgment thereon can be entered by the Board;
- (v) Provides that a copy of the agreement is filed within 20 days after its execution; and
- (vi) Provides that the arbitration is completed within the time the Board sets.
- (c) The parties are solely responsible for the selection of the arbitrator and the conduct of the arbitration.
- (d) The Board may determine issues the arbitration does not resolve.
- (e) The Board will not consider the arbitration award unless it:
- (1) Is binding on the parties;
- (2) Is in writing;
- (3) States in a clear and definite manner each issue arbitrated and the disposition of each issue; and
- (4) Is filed within 20 days of the date of the award.
- (f) Once the award is filed, the parties to the award may not take actions inconsistent with the award. If the award is dispositive of the contested subject matter for a party, the Board may enter judgment as to that party.
[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]