Analysis

3 Things To Watch As USPTO's Fee Rule Hits The High Court

Law360 (October 4, 2019, 4:44 PM EDT) -- With the U.S. Supreme Court set to hear arguments Monday over the U.S. Patent and Trademark Office's controversial policy on attorney fees, Law360 asked legal experts what they’re expecting to hear from the justices.

The case, Peter v. NantKwest, will determine the legality of an unusual USPTO policy that demands reimbursement of the agency’s attorney fees in certain types of appellate proceedings — regardless of whether or not it wins the case.

The USPTO has argued that the tactic, first rolled out in 2013, is necessary to pay for a more expensive appellate option, but critics say it will harm small...

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