Arbitration of Patent Disputes: A Comparison of the Law in the United States, Switzerland, and Australia—Part I - Dispute Resolution Journal View Arbitration of Patent Disputes: A Comparison of the Law in the United States, Switzerland, and Australia—Part I by - Dispute Resolution Journal Arbitration of Patent Disputes: A Comparison of the Law in the United States, Switzerland, and Australia—Part I 78 2

This multipart article examines the relationship between arbitration and intellectual property, specifically patent disputes. This article adopts a comparative analysis approach and compares the approach taken by civil law and common law systems toward the arbitration of patent disputes. The primary focus is on the United States, Switzerland, and Australia. This article adopts a doctrinal legal research methodology. The process of obtaining a patent will be analyzed. The legislation and case law regarding the arbitrability of patent disputes will be discussed. A clear distinction between patent and standard essential patent disputes will be demonstrated. The difference between erga omnes and inter partes patent arbitral awards effects will be illustrated. The enforcement and recognition of arbitral patent awards will be critiqued, which demonstrates that arbitrating patent disputes faces various recognition and enforcement hurdles. This article will assert that multiple factors need to be considered before determining whether arbitration is the right forum for resolving patent disputes, and that those factors should be determined on a case-by-case basis. This article will conclude that the outlook for arbitrating some patent disputes is unclear, but that arbitration should be the preferred forum for standard essential patent disputes to keep royalty rates confidential.

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