The United States Patent and Trademark Office (USPTO) recently announced a new category within its patent practitioner bar, specifically for design patents. Previously, the patent bar required qualifications in fields like aerospace, biomedical, chemical, and mechanical engineering, as well as biology, chemistry, genetics, physics, and materials science. However, the new design patent bar will accept qualifications in industrial and product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education.
These qualifications align with those required for design patent examiners at the USPTO, aiming for consistency between examiners and practitioners. Candidates for the design patent bar must still pass the standard registration exam and undergo a moral character evaluation. This new rule, effective January 2, 2024, won’t affect current USPTO registrants and doesn’t bar future practitioners from qualifying for all patent proceedings.
Applicants for the new design bar must have a degree (bachelor’s, master’s, or PhD) in the following (or equivalent):
- industrial design,
- product design,
- architecture,
- applied arts,
- graphic design,
- fine/studio arts, or
- art teacher education.
A notable feature of the new rule is the introduction of a unique registration number series for design patent practitioners, distinguishing them from those authorized for all patent matters. This change is part of the USPTO’s effort to expand participation in the patent system, keep pace with evolving technology, and increase employment and design patent filings.
