Design Patents Continue to Show Survival Strength at the PTAB: Institution Rates Remain Lowest Among All Technology Categories and Well Below 50%

While petitioners are successful over 60% of the time in getting the PTAB to institute trial on patents in the biotech, chemical, electrical/computer, mechanical, and business method arts, that is not the case for design patents. Since September 2016, the PTAB’s institution rate for petitions filed against design patents has stayed well below 50%. As of December 2017 it was 41%. That number is based on a total of 41 decisions (17 institutions and 24 denials).

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