Design Patents at the PTAB: Over a Decade of Data Reveals the Real Odds, PTAB Litigation Blog
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It’s been a decade since we first reported early statistics on design patent IPR/PGR outcomes. Time for an update—and the numbers tell an interesting story. Design patents remain notoriously hard to challenge, with a historical institution rate of just 37%. That’s roughly half the rate for utility patents (at least before recent downward shifts). But here’s the twist: once instituted, design patent claims fall at about the same rate—69%—as utility patents in all-claims-unpatentable FWDs.
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