USA How to treat unsuccessful legal defense of your patent

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I know that you capitalize any successful legal defending fees for patents but what do you do when you are unsuccessful at defending your patent and why do you do that? I would assume that since you are unsuccessful it would not be considered you patent so do you just expense and why or why not?
 

kirby

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Your assumption is correct. No patent = expense the legal costs as there is no future benefit to them.
 

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