---
kind: "section"
citation: "37 C.F.R. § 42.410"
title: "37"
number: "42.410"
heading: "Arbitration."
url: "https://uscodex.org/cfr/37/42.410"
---

# §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](/cfr/9.md) 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.

## Notes

### Source

Source: 77 FR 56090, Sep. 11, 2012, unless otherwise noted.

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.