Opposition Proceedings for Design Patents
- Pre-Grant Opposition:
- Occurs before the grant of a design patent.
- Third parties can challenge the registration by submitting objections.
- Grounds for opposition may include prior rights, lack of novelty, or non-compliance with legal requirements.
- The relevant authority reviews objections and decides whether to uphold or reject the opposition.
- Post-Grant Opposition (Inter Partes Review):
- Similar to utility patents, design patents can undergo inter partes review (IPR).
- A third party files a petition challenging the validity of a design patent based on prior art.
- The Patent Trial and Appeal Board (PTAB) reviews the petition and issues a final determination within one year.
Challenges and Considerations
- Limited Precedents:
- Design patent appeals are rare, resulting in fewer precedents.
- Understanding the nuances of design patent law is essential.
- Prompt Response:
- Design patent owners should be prepared to respond to IPR petitions promptly.
- Expert legal representation is crucial during the IPR process.
We provide diverse services in the Design field including:
- Design Searches
- Design Applications
- Convention Design Filing in other countries
- Design prosecution
- Design registration
- Design watch
- Response to Office Action
- Design hearings
- Renewal services
- Portfolio Management
- Assignment Recordals
- Licensing and Recordals
- Due Diligence
- Design Cancellations
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