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Expert Analysis

How To Succeed In Design Patent Cases At The PTAB

By Craig Deutsch, Grace Kim and Jennifer Huang (May 3, 2022, 1:41 PM EDT) -- Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution. While design patents are subject to the same statutory framework of novelty and obviousness as utility patents, the nature of design patents results in a unique analysis that often plays out differently....

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