[co-author: Patrick T. Murray, Business Development Coordinator]
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Two new design petitions have been filed since May – the first since April 2017. Two final written decisions have issued since the last update in April 2018, neither resulting in the cancellation of a claim. Only three proceedings involving design patents are currently pending.
I. Proceeding Breakdown
II. Institution Rates/Case Studies
The institution rate for design patents, for both claims and proceedings, is 41% (17/41).
For cases overall, the proceeding institution rate is 68%, 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 10 of 16 design FWDs (63%). The overall claim cancellation rate is 77%.
C. FWD Prior Art Type