Federal Circuit to rehear USPTO attorney fee ruling

The US Court of Appeals for the Federal Circuit agreed on Thursday to reconsider its recent ruling that the US Patent and Trademark Office (USPTO) automatically recovers attorneys’ fees from parties who sue the agency over rejected patent applications, Reuters reported.

The Federal Circuit said it will review en banc whether the PTO is entitled to attorneys’ fees it incurred in a lawsuit over its denial of a patent application filed by the biotech company NantKwest Inc.