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Patent News: USPTO Issues Final Rule Implementing Design Patent Practitioner Bar, IP Law Daily

November 21, 2023

The US Patent and Trademark Office (USPTO) has announced that it is amending the rules of practice in patent cases and rules regarding the representation of others before the USPTO by creating a design patent practitioner bar for persons admitted as design patent practitioners to practice exclusively in design patent proceedings.

Partner John Hemmer told IP Law Daily that while he does not expect a separate design patent bar to have an immediate dramatic impact, he does expect it to increase the pool of qualified applicants, including former design patent examiners, that can be hired to work on design matters.

In addition, since most inventions have utility and design components that need to be evaluated, having a practice that can handle both utility and designs would seem to be much more effective and efficient than someone who can only handle the design component, John noted.

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