What are the cost implications of filing a civil action under 35 U.S.C. 145?
What are the cost implications of filing a civil action under 35 U.S.C. 145?
Filing a civil action under 35 U.S.C. 145 can have significant cost implications for the applicant. The MPEP 1216.02 states:
“35 U.S.C. 145 requires that the applicant pay all the expenses of the proceedings, regardless of whether the applicant is successful.”
This means:
- The applicant must pay all expenses incurred by the USPTO in defending the action, including attorney fees, regardless of the outcome.
- These expenses can be substantial, potentially including travel costs, expert witness fees, and other litigation-related expenses.
- The requirement to pay all expenses acts as a deterrent against frivolous lawsuits and encourages careful consideration before filing a 145 action.
Applicants should carefully weigh the potential benefits of a 145 action against these guaranteed costs when deciding whether to pursue this route of appeal.
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