Supreme Court to Weigh if Patent Office Can Get Attorneys Fees

The U.S. Supreme Court will weigh whether the Patent and Trademark Office can demand attorneys’ fees from patent applicants who challenge rejections in district court.

The court March 4 granted the PTO’s petition to review the U.S. Court of Appeals for the Federal Circuit’s ruling in NantKwest Inc. v. Iancu. The ruling held the agency can’t recover attorneys’ fees in district court challenges, making it easier for patent applicants to contest agency decisions.

The court may clarify whether federal law allows the patent office to seek attorneys’ fees from applicants who go to court. The high court’s eventual ruling ...