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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!