Patent Disputes And ADR: Efficiency Vs. Justice
- IJLLR Journal
- Jun 6
- 1 min read
Sameer Suman Sinha & Dr Richa Singh
ABSTRACT
The intersection of patent law and alternative dispute resolution (ADR) represents one of the most significant yet underexplored domains in intellectual property jurisprudence. As patent litigation costs continue to increase and court backlogs stretch resolution time to several years, ADR mechanisms including arbitration, mediation, and expert determination have emerged as convincing alternative to traditional court litigation. This move toward private ways of settling disputes makes us question whether we are choosing speed and convenience over fairness and true justice. This article critically examines the tension between efficiency-driven ADR processes and justice-oriented judicial adjudication in patent disputes. By comparing how these systems work, studying real outcomes, and examining whether they are truly fair and trustworthy, the issue can be better understood. this study argues that while ADR offers undeniable advantages in terms of speed, cost reduction, and technical expertise, The article proposes a hybrid framework that preserves the benefits of ADR while safeguarding judicial oversight and public interest considerations, ultimately arguing that efficiency and justice need not be mutually exclusive, but that they can complement one another with careful institutional design.
Keywords: Patent disputes, Alternative Dispute Resolution, Arbitration, Mediation, Intellectual Property, Efficiency, Justice, Access to Justice, Precedent, Public Interest
