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19 August 2021PatentsRory O'Neill

USPTO can’t claim expert fees, Fed Circuit rules

The US Patent and Trademark Office (USPTO) can’t claim back expert witness fees it incurred defending patent rejections, the US Court of Appeals for the Federal Circuit ruled yesterday, August 18.

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12 December 2019   Litigants cannot be forced to pay the attorneys’ fees of the US Patent and Trademark Office, the US Supreme Court has ruled.
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9 October 2019   The US Supreme Court this week heard oral arguments in a case centred on whether the US Patent and Trademark Office can claim an exception to the so-called ‘American Rule’, which normally requires each party to pay their own attorneys’ fees in patent litigation.