---
kind: "section"
citation: "37 C.F.R. § 41.126"
title: "37"
number: "41.126"
heading: "Arbitration."
url: "https://uscodex.org/cfr/37/41.126"
---

# §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.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.