Mr Stephen Yam

Stephen Yam


Intellectual Property

Federal Circuit rejects shifting USPTO's attorney fees to patent applicants in Section 145 actions
USA | 03 September 2018

The Federal Circuit recently affirmed a district court's denial of the US Patent and Trademark Office's request for reimbursement of attorneys' fees which it had incurred in defending a district court action brought against it under 35 USC § 145. The majority held that Section 145 expenses do not include attorneys' fees because any statute seeking to depart from the default 'American Rule' must do so using specific and explicit language, which Section 145 lacks.