U.S. Supreme Court to Decide USPTO’s Rule on Attorney Fees after Appeal

The U.S. Supreme Court has granted certiorari in Iancu v. NantKwest, agreeing to decide the legality of the USPTO’s current practice of seeking attorneys’ fees in appeals brought before a District Court regardless of whether the USPTO is deemed successful.  The Circuits have split on the policy, which has been in place since 2013.  Critics argue it is against the so-called “American Rule” wherein litigants typically pay their own legal fees, however the USPTO asserts the policy is necessary due to the higher costs of such proceedings.