September 14, 2016

Post-Grant for Practitioners: Inter Partes Review (IPR) of Design Patents

While inter partes review (IPR) petitions of design patents are rare (less than 1%), it is expected that the numbers will steadily increase with the growing popularity of design patents generally. Fish attorneys Jim Babineau (Austin) and Craig Deutsch (Twin Cities) discussed issues in the inter partes review (IPR) of design patents and the Patent Trial and Appeal Board’s (PTAB) procedures for challenging design patents. Jim and Craig reviewed:

  • Statistics and recent trends at the PTAB
  • Claim construction
  • Obviousness analysis applied to design patents

Jim Babineau, Principal
Craig Deutsch, Associate
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