New Mediation/Arbitration Option for European Patents

With the public comment period now closed, the Patent Mediation and Arbitration Center ("PMAC") will likely issue final rules governing its proceedings in the next few months. The mediation and arbitration services of the PMAC are available to patent owners, accused infringers, or other parties for support in, or resolution of disputes not only for European patents, but also for "related disputes," a term whose definition will likely evolve over time. The PMAC has explicitly brought within its powers the ability to mediate or arbitrate issues related to scope, applicability, and license fees related to so-called Standard Essential Patents.

While there is no exact equivalent to this European institution for U.S. patents, there are, of course, numerous mediation and arbitration alternatives available to U.S. patent litigants in the United States, as well as internationally, such as through the Rules of the International Chamber of Commerce, having a seat in Paris, France.

The decision to choose between arbitration or litigation of patent disputes is a highly complex one depending on numerous variables, and requiring a great deal of care and attention.