Intellectual Property Arbitration
IP Arbitration
FORUM’s Intellectual Property Code of Procedure was built with the fair and efficient resolution of IP disputes in mind. The IP Code provides the appropriate balance between flexible procedures and discovery with the need to control dispute resolution costs. Confidentiality is maintained, including the protection of parties’ trade secrets. The IP Code also permits Markman hearings to be conducted in the context of arbitration.
FORUM's IP Panel has significant specialized expertise, including USPTO practice experience and experience conducting IP arbitrations and mediations.
IP Dispute Types
Trade Secrets
Patents
Copyrights
Trademarks
Licensing Agreements
Infringement / Invalidity Contentions
IP Arbitration Rules, Fees & Forms
Intellectual Property Arbitration FAQ
Please review the Summary of Procedures before getting started.
If all parties agree to arbitrate and agree to FORUM as the administrator, the arbitration may proceed if the parties jointly sign a post-dispute agreement to arbitrate.
The information required to file an arbitration claim with FORUM is set forth in Rule 2.7 of FORUM’s Code of Procedure for Resolving Intellectual Property Disputes.
A party may file an initial claim by any of the methods below:
Online: here
Email: file@adrforum.com
Mail:
FORUM
5775 Wayzata Blvd.
Suite 960
Minneapolis, MN 55416
Fax: 952-345-1160
Please see Rules 2.1 and 2.2 for more information before filing.
Online: here
Email: file@adrforum.com
Mail:
FORUM
5775 Wayzata Blvd.
Suite 960
Minneapolis, MN 55416
Fax: 952-345-1160
Please see Rules 2.1 and 2.2 for more information before filing.
The length of time the arbitration process may take varies on the schedules of the parties, their representatives, and the arbitrator(s) appointed to the case, as well as the complexity of the dispute. FORUM does everything in its power to move the process along in an efficient and fair manner and cases can be resolved in a year or less.
Yes. Please refer to Rule 1.3. Please note, however, that neither FORUM nor the arbitrator(s) may assist the parties in preparing or presenting their case, as neither are permitted to provide legal advice. FORUM can answer procedural questions regarding the process in general.
FORUM has an experienced IP roster of neutrals and special procedures built into the rules, such as a process for Trade Secret review in Rule 4.10.
How to use FORUM for IP Arbitration
Step 1: Generate a Clause
Draft an arbitration clause using our Clause Drafting Guide or use our online Clause Generator to structure a dispute resolution approach that is customized for your needs.
Step 2: Include the Clause in your Contract
Include the clause in your contracts to use the FORUM Intellectual Property ruleset and define FORUM as your administrator of choice.
Step 3: File or Respond to a Claim
Initiate or respond to a claim using our online tools.
Step 4: Engage in the Arbitration Process
FORUM will facilitate the appointment of an arbitrator or panel under the applicable rules, facilitate parties’ filings, and schedule any hearings. The arbitrator or panel will issue an award .
FORUM Arbitration Clause Generator
FORUM's Clause Generator is an intuitive, easy-to-use tool that helps you determine which elements to include in your arbitration clause. Clause Generator automatically builds the clause for you so you can copy/paste it into your agreement.
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