Irwin IP Case Of The Week

USPTO May Not Collect Attorney Fees in § 145 Actions to Issue a Patent

Peter v. NantKwest, Case No. 18-801, 589 U.S. --- (Supreme Court 2019)

Emily Sample & Reid Huefner

Professor Dennis Crouch did a great job of summarizing the Supreme Court’s ruling last week in Peter v. NantKwest, wherein the Court found that the Patent and Trademark Office could not shift its litigation costs to applicants who choose to challenge the PTO’s decisions in district court.  We recommend everyone read his summary, posted on the Patently-O Blog, here.

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