§ 294. Voluntary arbitration

723 words·~3 min read·/usc/title-35/section-294

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration. Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract.

(b)Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.

(c)An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person. The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration. Any such modification shall govern the rights and obligations between such parties from the date of such modification.

(d)When an award is made by an arbitrator, the patentee, his assignee or licensee shall give notice thereof in writing to the Director. There shall be a separate notice prepared for each patent involved in such proceeding. Such notice shall set forth the names and addresses of the parties, the name of the inventor, and the name of the patent owner, shall designate the number of the patent, and shall contain a copy of the award. If an award is modified by a court, the party requesting such modification shall give notice of such modification to the Director. The Director shall, upon receipt of either notice, enter the same in the record of the prosecution of such patent. If the required notice is not filed with the Director, any party to the proceeding may provide such notice to the Director.

(e)The award shall be unenforceable until the notice required by subsection

(d)is received by the Director.

(Added Pub. L. 97–247, § 17(b)(1), Aug. 27, 1982, 96 Stat. 322; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(a)(19), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

Connections13 cite this · traces to 2

Cited by 13 sections · top 11

U.S. Code

statutes-at-large

Public Law 97–247
To authorize appropriations to the Patent and Trademark Office in the Department of Commerce, and for other purposes

CFR

§ 1.335
Filing of notice of arbitration awards.

Traces to 2 documents

U.S. Code

15 references not yet in our index

Pub. L. 97–247, § 17(b)(1)
96 Stat. 322
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]
113 Stat. 1536
Pub. L. 107–273, div. C, title III, § 13206(a)(19)
116 Stat. 1905
Pub. L. 112–29, § 20(j)
125 Stat. 335
Pub. L. 112–29
Pub. L. 107–273, § 13206(a)(19)(A)
Pub. L. 107–273, § 13206(a)(19)(B)
Pub. L. 107–273, § 13206(b)(1)(B)
Pub. L. 106–113
Pub. L. 97–247, § 17(c)
96 Stat. 323

Citation graph

cites case law

§ 294

Voluntary arbitration

U.S.C.×9

C.F.R.×3

Stat.×1

U.S.C.§ 2

U.S.C.§ 1

Pub. L.Pub. L. 97–247, § 17(b)(1)

Stat.96 Stat. 322

Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]

Stat.113 Stat. 1536

Pub. L.Pub. L. 107–273, div. C, title III, § 13206(a)(19)

Cites 17 · showing 7Cited by 13 across 3 sources