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DOC/PTO | RIN: 0651-AD67 | Publication ID: Fall 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) amends the rules of practice in patent cases and the rules regarding the representation of others before the USPTO. In particular, this rulemaking would 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, plant, 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. The creation of a design patent practitioner bar reflects feedback received from a prior request for comments published on October 18, 2022, and extended through January 31, 2023. A majority of commenters favored applicants taking the current registration examination, but with modified scientific and technical requirements. These requirements would be in line with those degrees required for design patent examiners. Based on the support of commenters, a notice of proposed rulemaking proposing the implementation of this proposal was published on May 16, 2023, and the USPTO is seeking further public comment through the rulemaking process. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final 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 |
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Timetable:
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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 |