design_law, to random
@design_law@mastodon.social avatar

Okay, we're almost an hour in but we're finally getting the first word on the new design patent bar at .

The speaker has a degree in .... mole bio.

design_law, to random
@design_law@mastodon.social avatar

Law360 covers the new design patent bar, with commentary from yours truly: https://www.law360.com/ip/articles/1782900/uspto-kicks-off-new-design-patent-practitioner-bar-

design_law, to random
@design_law@mastodon.social avatar

The USPTO is now accepting applications for the brand-new design patent bar:
https://content.govdelivery.com/accounts/USPTO/bulletins/3832a56

design_law, to random
@design_law@mastodon.social avatar
design_law,
@design_law@mastodon.social avatar

There's no general IP bar. There is something that is colloquially known as the "patent bar"--more formally, "registration to practice before the U.S. Patent & Trademark Office" (USPTO).

Despite that language, though, this registration has nothing to do with trademarks. It's just about patents.

To join the patent bar, you have to have a scientific or technical background and pass an exam administered by the USPTO. The exam focuses on administrative rules: https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner/registration

design_law,
@design_law@mastodon.social avatar

Also, there are three types of patents:

  1. Utility patents
  2. Design patents
  3. Plant patents

The patent bar focuses on utility patents. From what I've heard, there may be like 1-2 design questions max on each exam. So you could pass that exam without knowing anything about design patents.

For more on this issue, see my formal comments on the : https://www.regulations.gov/docket/PTO-P-2022-0027/comments?filter=burstein

design_law, to random
@design_law@mastodon.social avatar
design_law, to random
@design_law@mastodon.social avatar
design_law, to random
@design_law@mastodon.social avatar

It looks like all of the comments on the 's latest request for comments about the have been publicly posted.

There are nine total.

https://www.regulations.gov/document/PTO-C-2023-0010-0001/comment

design_law, to random
@design_law@mastodon.social avatar

From from the USPTO on the :

"[T]he USPTO published an FRN implementing the suggested changes. These changes include: (1) requiring the USPTO to review certain applicant degrees in Category B every three years to determine whether they should be moved to Category A, (2) making ...all Bachelor of Science in computer science degrees from an accredited university or college will be accepted under Category A..."

https://content.govdelivery.com/accounts/USPTO/bulletins/35a2fd1

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