USPTO Continues to Demand Attorneys' Fees for District Court Appeals

Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.

22 minute read May 02, 2017 at 12:03 AM

Judith L. Grubner

USPTO Continues to Demand Attorneys' Fees for District Court Appeals

Section 145 of the U.S. Patent Act (35 U.S.C. §145) and §21(b) of the Lanham Act covering trademarks (15 U.S.C. §1071(b)) provide for two types of challenges from the decisions of the U.S. Patent and Trademark (USPTO) internal appeals boards — the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB).

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