Costs, Litigation Keep AIA Reviews Of Design Patents Down

Law360, New York (March 16, 2017, 8:34 PM EDT) -- Even as design patents become more popular among companies and inventors looking to protect the way a product looks, the cost of America Invents Act reviews and the realities of litigation continue to make challenges to the validity of these patents a rarity at the Patent Trial and Appeal Board.

Cases involving design patents at the PTAB have noticeably been few and far between. Of the more than 6,400 petitions filed at the board since AIA reviews became available in 2012, just 41 have challenged a...
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