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Design Patent PTO Litigation Statistics (through JANUARY 15, 2018)

The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. No new design patent petitions have been filed since April 2017, and only one Board decision has issued since the last update in October 2017 – a decision granting institution.

I. ​Proceeding Breakdown

II. Institution Rates/Case Statuses

The institution rate for design patents, for both claims and proceedings, is 41% (17/41).

For cases overall, the proceeding institution rate is 69%, and the claim institution rate is 61%

Here is a breakdown of the current case statuses for all of the design cases:


III. Final Written Decision (FWD) Outcomes   

A. Claim Cancellation Rate

The instituted claim has been cancelled in 8 of 10 design FWDs (80%).  The overall claim cancellation rate is 78%.

        B. FWD Ground Type

C. FWD Prior Art Type

IV. Technology Areas

Patrick Murray contributed to this post.

© 2023 Sterne KesslerNational Law Review, Volume VIII, Number 43

About this Author

Mark W. Rygiel, Intellectual Property, Sterne Kessler Law Firm

Mark Rygiel, a director in the Mechanical Group, counsels a broad spectrum of entities ranging from large multi-national companies to small start-ups in developing IP strategies and protecting new technologies.  Mr. Rygiel specializes in obtaining utility and design patent protection for cutting edge technologies in the consumer product, vehicle system, medical device, manufacturing, and e-commerce industries.  His practice also focuses on complex post-grant proceedings at the USPTO, analyzing patents for validity, infringement, and freedom-to-operate issues and providing related opinions...