USPTO Proposes Creation of Design Patent Practitioner Bar to Enhance Intellectual Property System

The United States Patent and Trademark Office (USPTO) has recently taken a significant step toward improving the intellectual property landscape.

In an effort to broaden participation, enhance expertise, and strengthen the reliability of granted design patents, the USPTO has initiated the process of establishing a design patent practitioner bar.

This move aims to align the qualifications of practitioners with the specialized field of design, thereby ensuring a more robust and efficient system.

The proposal, which has garnered considerable support, sets forth specific criteria for admission to the bar and invites public input on the matter.

The Need for a Design Patent Practitioner Bar

On October 18, 2022, the USPTO published a Federal Register Notice, seeking public input on the potential creation and implementation of a design patent practitioner bar.

Under the proposed criteria, aspiring design patent practitioners would need to possess a bachelor's, master's, or Ph.D. degree in a relevant field, such as industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education.

This educational prerequisite aligns with the backgrounds typically sought by the USPTO when hiring design patent examiners.

Additionally, candidates would be required to meet existing registration requirements, including passing the current examination and undergoing a moral character evaluation.

Benefits and Implications

The creation of a design patent practitioner bar serves multiple purposes.

By establishing specialized qualifications for practitioners, the USPTO aims to foster increased participation from professionals with specific expertise in the design industry.

This move acknowledges the unique nature of design patents and recognizes the importance of aligning practitioners' backgrounds with the intricacies of design-related matters.

Opportunity for Public Input

The USPTO is actively seeking public input on the proposed rulemaking until August 14, 2023.

Interested parties are encouraged to share their opinions, insights, and concerns regarding the creation of the design patent practitioner bar.

To facilitate this process, the USPTO has provided the Federal eRulemaking Portal as a platform for submitting comments.