Why Design Patents Are Surviving Post-Grant Challenges

Law360, New York (March 22, 2017, 12:42 PM EDT) -- Tracy-Gene G. Durkin

Pauline M. Pelletier As of January 2017, the institution rate for Patent Trial and Appeal Board trials involving design patents was 37 percent. That is significantly lower than every other technology area and makes design patents the only technology area with an institution rate below 50 percent. Of instituted trials, design patent claims were upheld as patentable 14 percent of the time, which is higher than all other technology areas with the exception of biotech-pharma. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful.

This article explores why petitioners are...

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