DESIGN PATENT INSTITUTION & INVALIDITY OUTCOMES
The United States Patent and Trademark Office (USPTO) has three types of proceedings which can be used to challenge the validity of a design patent: Inter Partes Review (IPR) or Post Grant Review (PGR) trial proceedings conducted by panels of three administrative law judges at the USPTO Patent Trial and Appeal Board (PTAB), and Ex Parte Reexamination, conducted by USPTO patent examiners.
Did you know that design patents survive in nearly 65% of the reexaminations ordered, but less than 30% survive instituted IPR and PGR proceedings?
We’ve launched a new site to track and evaluate the institution and invalidity outcomes of these proceedings -