Statutory Provisions Governing Arbitration of Patent Disputes
| Author | David A. Allgeyer |
| Pages | 15-20 |
15
CHAPTER 3
Statutory Provisions
Governing Arbitration
ofPatent Disputes
Patent arbitration is governed by a general federal arbitration
statute as well as two specific statutes addressing arbitration of
patent matters.
ARBITRATION IN GENERAL: THE FAA
Many courts were, at one time, hostile to arbitration. Apparently
in a pro-arbitration mood in 1925, Congress passed the Federal
Arbitration Act (FAA), 9 U.S.C. § 1 et seq. The act applies in both
state and federal courts and preempts any inconsistent state
law in matters that involve interstate commerce.1 Your patent
dispute almost certainly will involve interstate commerce, so
the FAA will apply. The FAA provides, simply, that agreements
to arbitrate, “shall be valid, irrevocable, and enforceable, save
upon such grounds as exist at law or in equity for the revoca-
tion of any contract.”2 This establishes a “liberal policy favoring
1 See 9 U.S.C. § 2; Volt Information Sciences, Inc. v. Board of Trustees of
Leland Stanford Junior University, 489 U.S. 468, 477 (1989).
2
9 U.S.C. § 2.
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