37 CFR 41.126: Arbitration

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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41.126    Arbitration.

  • (a) Parties to a contested case may resort to binding arbitration to determine any issue in a contested case. The Office is not a party to the arbitration. The Board is not bound and may independently determine questions of patentability, jurisdiction, and Office practice.
  • (b) The Board will not authorize 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, and
      • (iv) Provides that the arbitrator’s award shall be binding on the parties and that judgment thereon can be entered by the Board.
    • (4) A copy of the agreement is filed within 20 days after its execution.
    • (5) 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 proceedings before the arbitrator.
  • (d) Issues not disposed of by the arbitration will be resolved in accordance with the procedures established in this subpart.
  • (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, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]