UPDATE: Supreme Court Agrees to Determine Legality of PTO’s Recovery of Attorneys’ Fees in Review of Denials of Applications
As an update of my reporting concerning the United States Patent and Trademark Office’s controversial policy of seeking to recover attorneys’ fees in connection with district court review of denials of trademark and patent applications, the Supreme Court today granted the petition for certiorari in Iancu v. Nantkwest and agreed to resolve the question of whether the U.S. Patent and Trademark Office can recover its attorneys’ fees regardless of the outcome of a case. My original posting describing the dispute can be found here. The High Court’s decision will greatly impact how those seeking review of denials of their patent and trademark applications seek judicial review.
This article is intended only as a general discussion of these issues. It is not considered to be legal advice or relied upon. If you need assistance with a particular IP, commercial or employment issue, Larry Brocchini would be pleased to consider providing additional details or advice about specific situations.