Tagged with Design Patent

Five Things About Design Patent IPRs that You Probably Don’t Know

Author:  Elizabeth D. Ferrill
Editor:  Michele C. Bosch


1. They are few and far between. Only five petitions for design patent IPRs have been filed (out of over 500 petitions). And only one of those petitions has been granted (out of over 140). So, the design patent IPRs currently represent just under 1% of these petitions and less than 1% of the granted petitions.

2. The world of printed publications is surprisingly vast. While IPRs are limited to challenges based on printed publications and patents, a prior art reference for a design patent needs to only sufficiently show a similar design. No description of the underlying product is required. So, helpful prior art references may include product advertising images, catalogs, and even screenshots of promotional videos.

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Five Tips for Filing Preissuance Submissions in Design Patent Applications

Author: Elizabeth D. Ferrill
Editor: Michele C. Bosch


Back in April, we outlined the nuts and bolts of the AIA preissuance submission procedure. In short, third parties unrelated to the applicant may submit patents, published applications, and other printed publications to the USPTO for consideration during the examination of a pending application.

Curiously, the USPTO states that a third party may file such a submission for design patent applications. But, design patent applications are not published and remain secret until the design patent issues. So, the opportunity to file a submission would likely be limited to a third party that had prior knowledge of the content of a pending design patent application, either through notice letters, discovery, or closely following a competitor’s recently issued patents.

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