International Arbitration of Patent Claims
'International Arbitration of Patent Claims' in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016)
13 Pages Posted: 9 Oct 2016 Last revised: 3 May 2018
Date Written: October 7, 2016
Multinational companies often have multiple patents in different countries on the same invention or innovation. This often results in extremely costly parallel patent litigations in various national courts. In this Essay, Professor Lee proposes how private arbitration might be used to solve the multi-patent, multi-forum litigation problem. The under-utilized U.S. patent arbitration statute, which allows arbitration of patent validity challenges (as well as patent infringement, licensing, and ownership issues) provides a useful basis for the solution.
Keywords: international arbitration, patents, patent validity, patent infringement, patent licensing, intellectual property protection
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