No. 18-801October Term 2019Decided Dec 11, 2019
Peter v. NantKwest, Inc.
This case asked whether a patent applicant who sues the Patent and Trademark Office in federal district court after losing before the agency must also pay the PTO’s attorney and paralegal salaries as part of the proceeding’s expenses.
Case status
- Current stage
- Decided
- Latest event
- Decision released Dec 11, 2019
- What it's about
This case asked whether a patent applicant who sues the Patent and Trademark Office in federal district court after losing before the agency must also pay the PTO’s attorney and paralegal salaries as part of the proceeding’s expenses. The Supreme Court held that the Patent Act does not let the PTO recover those legal personnel costs.
Question presented
Whether the phrase "[a]ll the expenses of the proceedings" in 35 U.S.C. 145 encompasses the personnel expenses the USPTO incurs when its employees, including attorneys, defend the agency in Section 145 litigation.
- Case path
United States Court of Appeals for the Federal Circuit / Decision released Dec 11, 2019
- Area
Administrative Law
Timing
Decided December 11, 2019
The Court released its decision on December 11, 2019 without hearing oral argument.
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology