35 U.S.C. § 294 : US Code - Section 294: Voluntary arbitration

Search 35 U.S.C. § 294 : US Code - Section 294: Voluntary arbitration

(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
of this title 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.