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DOC/PTO RIN: 0651-AD67 Publication ID: Spring 2023 
Title: ●Changes to the Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office 
Abstract:

The U.S. Patent and Trademark Office (USPTO or Office) proposes to amend the rules of practice in patent cases and the rules regarding the representation of others before the USPTO. In particular, this rulemaking proposes to create a separate design patent practitioner bar wherein admitted design patent practitioners would practice in design patent proceedings only. Presently, there is only one patent bar that applies to those who practice in patent matters before the Office, including in the utility and design patent areas. The potential creation of a design patent practitioner bar would not impact the ability of those already registered to practice in any patent matters, including design patent matters, before the USPTO. It would also not impact 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 Office.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 1    37 CFR 11    37 CFR 41   
Legal Authority: 35 U.S.C. 2(b)(2)(D)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/16/2023  88 FR 31209   
NPRM Comment Period End  08/14/2023 
Final Action  11/00/2023 
Final Action Effective  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
William Covey
Deputy General Counsel and Director for Enrollment and Discipline
Department of Commerce
Patent and Trademark Office
P.O. Box 1450,
Alexandria, VA 22313-1450
Phone:571 272-4097
Fax:571 273-0074
Email: will.covey@uspto.gov