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Patent Alert

USPTO moves forward with rulemaking to create a design patent practitioner bar

On October 18, 2022, the United States Patent and Trademark Office (USPTO) published a Federal Register Notice requesting public input on the possible creation and implementation of a design patent practitioner bar. Based on the comments and support received, the USPTO will publish a Notice of Proposed Rulemaking (NPRM) on May 16, 2023.

The USPTO is proposing that the criteria for admission to the design patent practitioner bar require that an applicant has a bachelor’s, master’s, or Ph.D. degree in one of the areas the USPTO considers when hiring design patent examiners (or an equivalent): industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education. In addition to the degree requirements, applicants would have to meet the other requirements to register for the bar, including taking and passing the current registration examination and passing a moral character evaluation.

“By creating a separate design patent bar that better aligns with the backgrounds of those who practice in the design space, we will broaden participation before the USPTO while further securing the robustness and reliability of the intellectual property we grant,” remarked Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “This is part of our larger effort to open the doors more widely to the innovation ecosystem while ensuring our policies and procedures align with the USPTO’s mission.”

The creation of a design patent practitioner bar would not impact the ability of those already registered to practice in any patent matters, including design patent matters, before the USPTO. Furthermore, it would not impact the ability of applicants who meet the current criteria, including qualifying for and passing the current registration exam, to practice in any patent matters before the USPTO.

The USPTO will accept comments on the proposed rulemaking through August 14, 2023.

Please submit comments through the Federal eRulemaking Portal.

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