Patent Office Defends Lawyers’ Pay Demands in Trial Court Appeals

Feb. 1, 2018, 12:30 PM

Failed patent applicants who appeal to district court should be forced to pay the salaries of the Patent and Trademark Office lawyers on the case, win or lose, the PTO said Jan. 31.

The office is funded by fees paid by patent and trademark applicants, and if it can’t collect the lawyers’ salaries, other patent applicants are forced to subsidize the appeals, the PTO said in its reply brief in a case pending before the full U.S. Court of Appeals for the Federal Circuit.

Patent filers have two paths if they disagree with the PTO’s rejection of an application: appeal ...

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