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.