When Should You Use Patent Arbitration?
Friday, January, 21, 2011
A patent arbitration usually occurs when someone has patented an item, and subsequently, another individual does something that breaks that patent or claims it was their item first. In this particular case, a third party would need to come in and assess who's in the wrong. The reason arbitration is the best way to resolve this matter is because, in most cases, neither party can agree on a logical solution, as both parties feel they are right and the other is wrong. The patent arbitration will almost always leave one of the parties unsatisfied -- those with the least amount of evidence or support for their claims.
Don't let that caveat steer you away from arbitration, because if you are in fact right and it is your product, then you have nothing to worry about and the arbitration will help you greatly. In most cases, the issue can be resolved between the two parties in one way or another, but in situations where they can't, it's safe bet to find someone who can get the arbitration process started and see to it that an unbiased decision is made and both parties agree to it. Even if they don't both agree to the solution, the patent arbitration will see to it that the most beneficial solution is the one that is chosen. Now that you have a better idea as to how this process works, you should be able to decide whether or not it's right for you and move forward accordingly.