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ARTICLE · 18 SEPTEMBER 2019

Design Patents At PTAB – Substantially The Same Vs Basically The Same

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The PTAB's recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work.

United StatesIntellectual Property
John Evans
John Evans
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The PTAB's recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work. This decision highlights the subtle differences between the "substantially similar" standard for anticipation, and the "basically the same" standard for obviousness.

In Man Wah, the PTAB instituted post-grant review of the claim of U.S. Patent No. D821,986 (the '986 Patent). Petitioner asserted two grounds for unpatentability, anticipation under 35 U.S.C. § 102(a)(1) and obviousness under 35 U.S.C. § 103. The PTAB found Ground 1 persuasive at the institution stage, and instituted post-grant review on both grounds.

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