The act requires courts to have losing parties provide for "reasonable fees and other expenses" incurred by the other party throughout litigation. The award may be waived only if the losing party is found to have just legal and factual cause to be part of the litigation. If the losing party is unable to pay due to extraordinary circumstances, the court may ask a joined or interested party to cover the award. <ref name="innovationacttext" />
Once a plaintiff has claimed a patent in civil action, dismissing the civil action by proposing an agreement to not sue for infringement, referred to as a covenant, makes the plaintiff liable for payment of attorney fees. Payment may not be required if the plaintiff had the right to settle with a covenant without a court order or if payment would not serve the "interests of justice." <ref name="govtracksummary" /> The "interests of justice" have been called upon previously in patent proceedings, an example being Sernyk v. DeBonte, proceeding and generally determine whether a motion will best serve the outcome of a trial. <ref name="interestsofjustice" />
===Joinder of Interested Parties===