SCOTUS to Decide Case About Attorney Fees in Denied Patent Litigation

Could patent applicants be on the hook for paying USPTO’s attorney fees, even if they win?

Last week during the Supreme Court’s first round of oral arguments of its new session, all eyes were on a group of cases about the reach of Title VII’s protection against employment discrimination. But an intellectual property case also lurked on the docket for last Monday that is set to decide how much the U.S. Patent and Trademark Office can recoup from a patent applicant in litigation over a denied patent. The case addresses a narrow ambiguity in the Patent Act: Whether a patent applicant who chooses to appeal the USPTO’s denial of their application in federal district court, rather

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