42.410    Arbitration.

    • (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]