What are the expenses involved in a civil action under 35 U.S.C. 145?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In a civil action under 35 U.S.C. 145, the applicant is responsible for all expenses related to the proceedings. The MPEP clearly states: “All the expenses of the proceedings shall be paid by the applicant (see 35 U.S.C. 145).

These expenses may include, but are not limited to:

  • Court filing fees
  • Attorney fees
  • Expert witness fees
  • Discovery costs
  • Travel expenses

It’s important for applicants to consider these potential costs when deciding whether to pursue a civil action under 35 U.S.C. 145. Consulting with a patent attorney can help estimate the potential expenses involved in such proceedings.

Tags: 35 u.s.c. 145, civil action expenses, legal costs, Patent Appeals, USPTO