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Written March 8, 2019
The US Supreme Court on March 4, 2019, granted the USPTO’s petition to review the US Court of Appeals for the Federal Circuit’s ruling in NantKwest Inc. v. Iancu. The ruling held that the agency can’t recover attorneys’ fees in district court challenges. The interpretation of “all the expenses of the proceedings shall be paid by the applicant,” under federal patent law is at the heart of the case.
The law allows applicants to challenge a patent office rejection in district court, where they can provide additional evidence. Biotechnology company NantKwest sued the USPTO after an examiner rejected its cancer treatment patent. The Federal Circuit ruled that NantKwest doesn’t have to pay the agency’s legal fees just because the company opted to go to district court.
The law allows applicants to challenge a patent office rejection in district court, where they can provide additional evidence. Biotechnology company NantKwest sued the USPTO after an examiner rejected its cancer treatment patent. The Federal Circuit ruled that NantKwest doesn’t have to pay the agency’s legal fees just because the company opted to go to district court.
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