The Ultimate Guide to Studying and Taking the Patent Bar: NEW! Design Patent Bar

Read the USPTO official Patent Alert on this subject and or the flyer

The US Patent and Trademark Office (USPTO) is now accepting applications for its new design patent bar for practitioners to represent others in design patent matters only.

On January 5, 2024, the USPTO issued a bulletin announcing it is accepting applications for its new design patent bar for practitioners to represent others before the USPTO in design patent matters. Previously, there was only one patent bar that applied to qualify attorneys to practice in patent matters before the USPTO, including utility, plant, and design patents. The same scientific and technical requirements for admission applied regardless of the type of patent application.

On May 16, 2023, the USPTO issued a proposed rule establishing a separate design patent bar. After reviewing comments received, the USPTO adopted the proposed rule and issued a final rule, under which:

Applicants seeking admission to the design patent bar must:

• have a bachelor's, master's, or doctorate degree in one of the areas the USPTO considers when hiring design patent examiners (or an equivalent), including industrial design, product design, architecture, applied arts, graphic design, fine or studio arts, or art teacher education;
• take and pass the current registration examination with modified scientific and technical requirements; and
• pass a moral character evaluation.

Admitted design patent practitioners:

• may practice in design patent matters only; and
• must include "design" when signing USPTO documents to indicate their designation as a design patent attorney or agent.

The design patent practitioner bar does not:

• impact the ability of already-registered USPTO practitioners to practice in any patent matters, including design patent matters, before the USPTO; or
• limit the ability of applicants who meet the current criteria, including qualifying for and passing the current registration exam, to practice in any patent matters before the USPTO.

Applicants can apply via the USPTO Applicant Portal. For more information, see the USPTO bulletin.

Read Morgan Lewis patent attorney John Hemmer explain the opportunities the U.S. Patent and Trademark Office’s new design patent bar provides.