Supreme Court Rules U.S. Patent and Trademark Office Cannot Demand Attorney Fees

On Dec. 11, the U.S. Supreme Court ruled against a recent U.S. Patent and Trademark Office (USPTO) policy that had reinterpreted a long-standing provision of the Patent Act to say that the USPTO could demand repayment of its legal fees. In Peter v. NantKwest, Inc., the Supreme Court struck down the USPTO practice, in part, because it was inconsistent with the “American Rule” that underpins this country’s jurisprudence.