Fairly well, actually.
According to a recent article by Tracy-Gene G. Durkin and Pauline M. Pelletier at Sterne Kessler, the institution rate for Patent Trial and Appeal Board (PTAB) trials involving design patents is 37%, which is far lower than every other technology area (which all have institution rates over 50%). Among instituted trials, design patent claims were upheld as patentable 14 percent of the time. The combined effect is that as of January 2017, only 22% of design patent challenges have proven successful.
You can find the full article at Sterne Kessler:
e.skgf.com/cv/88003189626e5d9762c1fb10cb7418633e403949/p=9494642
According to a recent article by Tracy-Gene G. Durkin and Pauline M. Pelletier at Sterne Kessler, the institution rate for Patent Trial and Appeal Board (PTAB) trials involving design patents is 37%, which is far lower than every other technology area (which all have institution rates over 50%). Among instituted trials, design patent claims were upheld as patentable 14 percent of the time. The combined effect is that as of January 2017, only 22% of design patent challenges have proven successful.
You can find the full article at Sterne Kessler:
e.skgf.com/cv/88003189626e5d9762c1fb10cb7418633e403949/p=9494642
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