On Wednesday, November 16, 2023, the U.S. Patent and Trademark Office (USPTO) announced a final rule establishing a separate design patent practitioner bar. Admitted practitioners would be allowed to practice in design patent proceedings only.
Before this rule, sitting for the single patent bar required a technical background, granting those admitted the ability to practice in various patent matters, including utility, design, and plant patents before the USPTO. Those already registered to practice before the USPTO will not be impacted by the change and all Patent Attorneys at Suiter Swantz IP will continue to practice design patent law.
Now, individuals possessing a bachelor’s, master’s, or doctorate degree in industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education may qualify to sit for the design patent bar.
The USPTO asserts that these changes aim to enhance participation by broadening admission criteria to accommodate evolving technology and relevant educational developments that qualify individuals to practice before the USPTO. This adjustment responds to the escalating number of design patent applications, with an increased pool of qualified design practitioners being a viable solution to meet the demand.
In response to concerns raised by commenters about training and experience during the USPTO’s request for comments in October, the USPTO affirms that the separate bar will incorporate modified scientific and technical requirements. This ensures that practitioners can deliver competent representation to their clients, tailoring experiences to clients’ needs, and ultimately expanding opportunities by broadening the market for professional services related to design patents.