NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

When the United States Patent and Trademark O f- fice’s Patent Trial and Appeal Board (“Board”) affirms an examiner’s rejection of a patent application, § 145 of the Patent Act permits the disappointed applicant to cha l- lenge the Board’s decision in district court. Applicants who invoke § 145 are required by statute to pay “[a]ll the expenses of the proceedings” incurred by t he U.S. Patent and Trademark Office (“ PTO”) in defending the Board’s decision, regardless of the outcome.