How to Succeed in Design Patent Cases at PTAB

By Craig Deutsch, Grace Kim, and Jennifer Huang (May 3, 2022, 1:41 p.m. EDT) — It’s hard to challenge design patents at the Patent Trial and Appeal Board — nearly two-thirds of applications seeking design patents were denied. While design patents are subject to the same legal framework of novelty and obviousness as utility patents, the nature of design patents gives rise to a unique analysis that often unfolds differently.

Statistical review of all design patent challenges from 2013 to April 15 of this year highlights that comparing the design as a whole to the prior art under the Sections 102 and 103 analyses, consideration of potential problems with Section 112 and particular attention…

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