Only ‘Expenses’ Not ‘Attorney Fees’ Should Be Awarded Under Section 21(b) of the Lanham Act

Section 1071(b)(3) does not expressly or implicitly permit the award of “attorney fees” to the PTO. Specifically, Section 1071(b)(3) states simply that all the expenses of the proceeding shall be paid by the party bringing the case, whether the final decision is in favor of such party or not. By its express terms, the statute merely allows for the award of “expenses,” and not “attorney fees.” The post Only ‘Expenses’ Not ‘Attorney Fees’ Should Be Awarded Under Section 21(b) of the Lanham Act appeared first on IPWatchdog.com | Patents & Patent Law.