In a significant development for the intellectual property law world, the US Patent and Trademark Office (USPTO) declared on Wednesday that they have formed a distinct bar for design patent practitioners. The implication of this new change is that professionals specializing in ornamental designs will no longer have to comply with the stringent scientific and engineering requirements of the conventional patent bar.
This development provides a measure of relief and, arguably, opportunity for those practitioners whose work primarily focuses on design patents – effectively recognizing the sometimes overlooked specialty within the patent law sphere. Previously, practitioners, regardless of whether their focus was on designs or full utility patent work, were required to meet the heavy science and engineering criteria of the standard patent bar.
The USPTO’s decision to craft a separate entity for design patent practitioners is being interpreted as an acknowledgment of the distinctive nature of their work, and the particular skills and knowledge it entails.
Further details on this development can be gathered from the
original announcement by Law360.