On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar. While the existing patent bar has certain acceptable education criteria focused on engineering and other technical degrees for an individual to qualify to practice before the USPTO in utility, design, and plant patent proceedings, the new design bar will expand the acceptable education criteria for an individual to practice before the USPTO, but only for design patent proceedings.
While there are various categories that a person may satisfy now to be eligible for the existing patent bar, example acceptable degrees include the following:
- aerospace engineering,
- biomedical engineering,
- chemical engineering,
- mechanical engineering,
- biology,
- chemistry,
- genetics,
- physics, and
- materials science.
In contrast to these degrees, Applicants for the new design bar must have a bachelor's, master's, or doctorate degree in one of the following areas, or its equivalent:
- industrial design,
- product design,
- architecture,
- applied arts,
- graphic design,
- fine/studio arts, or
- art teacher education.
These degrees are currently acceptable for design patent examiners at the USPTO, so this change brings consistency between design patent examiners and the design patent practitioners. Design patent practitioners will still have to pass the current registration examination as well as a moral character evaluation.
The final rule is set to be effective on January 2, 2024. Implementation of this new rule will not affect the rights of those already registered to practice before the USPTO, and will not prevent individuals in the future from qualifying to practice before the USPTO for all patent proceedings.
One interesting aspect is that the final rule explains that "design patent practitioners will receive a particular registration number series to distinguish them from those practitioners who are authorized to practice in all patent matters." 88 Fed. Reg. 78646 (November 16, 2023). It will be interesting to see what this "particular registration number series" is to avoid confusion with the current registration number series.
The USPTO asserts that "[e]xpanding the admission criteria of the patent bar encourages broader participation and keeps up with the ever-evolving technology and related teachings that qualify someone to practice before the USPTO." 88 Fed. Reg. 78644 (November 16, 2023). It is expected that this change will allow for more accessibility to the patent system, an increase in employment opportunities, and a likely increase in the number of design patent filings given the increase in practitioners who will be marketing their services.
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