Originally from Dispute Resolution Journal

Preview Page

THE CHAIRMAN (Cameron K. Wehringer): The New York Patent Law Association, through the Committee on Arbitration, is cooperating with the American Arbitration Association. The quest is knowledge. We are here to explore the interrelationships, actual and potential, of patent questions and the arbitration procedure. The format we -will use was that used with the distinguished members of the Copyright Bar—a closed session and no oral questions. Your words will be recorded. After transcription, your editing and review, publication may follow. Perhaps a book may result. This, though, we leave to the American Arbitration Association.

There are seven general topics guiding our discussion:

1. Is arbitration suitable for patent problems?

2. For any type of problem or what type?

3. Does a monetary consideration enter into the question of suitability?

4. Does the existence of a law question, as distinguished from a fact question, affect suitability?

5. Is the matter of appeals, or a lack thereof, a factor in suitability? And is this related to the monetary consideration question?

6. Can arbitration affect questions that require Patent Office action? (Can arbitration be adapted?)

7. Should the Arbitrator be learned in patent matters, or is it sufficient that, like a judge, he has a judicial temperament?