Design Patents at the PTAB?, PTAB Litigation Blog
In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked using inter partes review (IPR) and post grant review (PGR) proceedings. As of July 2017, the PTAB has received 42 IPR and PGR petitions involving design patents, with an overall institution rate of around 40%. Eight design patent IPRs have led to final written decisions, with 6 determinations of unpatentability (75%).
Read the full article at ptablitigationblog.com.