The Goods on IP - September 2019: Design Patent PTO Litigation Statistics (through July 2019)

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[author: Patrick T. Murray, Business Development Coordinator]

The statistics below reveal the current trends for proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation proceedings. Three petitions were filed in January 2019, but none have been filed since. In the past six months, three institution decisions, but no final written decisions, have issued. Only two proceedings involving design patents are currently pending.

  1. Proceeding Breakdown

  1. Institution Rates/Case Statuses

The institution rate for design patents, for both claims and proceedings, is 41% (19/46).

For cases overall, the proceeding institution rate is 66%, and the claim institution rate is 60%.

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

  1. Final Written Decision (FWD) Outcomes  
  1. Claim Cancellation Rate

The instituted claim has been cancelled in 11 of 17 design FWDs (65%).  The overall claim cancellation rate is 76%.

  1. FWD Ground Type

  1. FWD Prior Art Type


  1. Technology Areas

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Sterne, Kessler, Goldstein & Fox P.L.L.C.

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