Intellectual Property & Technology E-lert: Elio Martinez Discusses USPTO Policy in the Daily Business Review

MIAMI, FL – January 21, 2020 – In an article published in the Daily Business Review on January 21, 2020, Elio Martinez discusses the U.S. Supreme Court’s decision that individuals challenging U.S. Patent and Trademark Office (USPTO) rulings no longer carries an automatic price tag.

“The USPTO’s contention that, win or lose, challengers of its decisions must pay the USPTO’s attorney fees, is no longer valid,” Martinez explains.

On December 11, 2019 in the matter of Peter, Deputy Director, USPTO v. NantKwest, the Supreme Court unanimously upheld a 2018 decision of the U.S. Court of Appeals for the Federal Circuit that the USPTO’s position violates the American Rule, which provides that each party to litigation will bear its own attorney fees absent a contractual prevailing party provision or a statute which specifically and explicitly shifts fees.

“The Supreme Court’s unanimous decision removes the uncertainty for challengers of USPTO rulings created by the inconsistent holdings of the Fourth and Federal circuits,” explains Martinez.

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