Section 145’s requirement that a patent applicant pay the expenses of the United States Patent and Trademark Office regardless of who is the prevailing party at trial is unique. There is increasing resistance among patent applicants to pay the United State Patent and Trademark Office’s expenses for a Section 145 appeal. This resistance is based on a concept know as the American Rule—i.e., the “rule that each side must pay its own attorney’s fees,” “absent explicit statutory authority” for a fee award.