The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO.
To practice before the US Patent and Trademark Office (USPTO) as a patent attorney or patent agent, one must register and pass the patent exam, also known as the patent bar. Currently, applicants must have a scientific or technical degree to qualify, such as biology, engineering, computer science, chemistry, or physics.
On October 18, 2022, the USPTO published a request for comments in which it requested feedback on the potential creation of a separate design patent bar to allow those without a scientific or technical degree to practice in design patent cases before the USPTO. Based on the comments, the USPTO published a Notice of Proposed Rulemaking (NPRM) on May 16, 2023, creating a separate patent bar that effectively expands the admission criteria for those who practice design patent cases before the USPTO. Read more