Design Patent Reexamination Success

Defending a U.S. Design Patent Through Ex Parte Reexamination

ZYL Law Firm helped defend U.S. Design Patent No. D1,027,476 in ex parte reexamination Control No. 90/019,857, preserving the patent owner's rights after the USPTO ordered reexamination.

Control No. 90/019,857 Reexamination Certificate: March 27, 2026 USPTO Public Record
This case study is based on public USPTO records and generalized attorney work-product descriptions. Party names, product sourcing details, and confidential enforcement strategy are intentionally omitted.

Challenge

The USPTO granted a request for ex parte reexamination on April 3, 2025, finding a substantial new question of patentability for U.S. Design Patent No. D1,027,476. The request relied on chair-design references and challenged patentability under design-patent anticipation and obviousness theories.

Once reexamination was ordered, the patent owner needed a focused defense of the patented design's overall visual impression, not a fragmented element-by-element comparison.

EPREx parte reexamination ordered
DesignOverall visual impression defended
PreservedPatent owner's design rights maintained

Strategy

  • Framed the patented chair design according to the ordinary-observer perspective used in design patent analysis.
  • Addressed the cited references as complete designs rather than isolated visual fragments.
  • Explained why the accused combinations did not create the same overall visual impression as the patented design.
  • Maintained a disciplined prosecution record through multiple reexamination communications until the USPTO proceeded toward certificate issuance.

Result

The USPTO issued a Notice of Intent to Issue a Reexamination Certificate on February 10, 2026, followed by a Reexamination Certificate issued March 27, 2026. The patent owner's rights in the design patent were preserved.