[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-320770-105":59,"doc-detail-320770-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","qa-design-patent-bar-what-it-means-and-who-benefits","Q&A: Design patent bar - what it means and who benefits","","Morgan Lewis patent attorney John Hemmer explains how the USPTO’s newly created design patent bar changes who can practice before the agency for design patent matters. He describes the rulemaking timeline and effective date, the qualifications required for the design bar, and how it differs from the former single patent bar. Hemmer also addresses whether existing practitioners will be affected, the motivations behind the change, and potential public confusion.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/qa-design-patent-bar-what-it-means-and-who-benefits/320770/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/qa-design-patent-bar-what-it-means-and-who-benefits/320770.png","ImageObject",300,407,{"name":92,"@type":93},"Valentina","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-22","2026-09-21",true,{"@type":102,"interactionType":103,"userInteractionCount":34},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the USPTO design patent bar and when did the rule take effect?","Question",{"text":112,"@type":113},"The USPTO’s final rule created a separate design patent bar to amend the agency’s practice rules for design patents. It took effect on Jan. 2 after publication in November.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What qualifications are required to sit for the design patent bar exam?",{"text":117,"@type":113},"Applicants do not need a technical engineering or science degree. They must hold a degree in fields such as industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, art teacher education, or an equivalent.",{"name":119,"@type":110,"acceptedAnswer":120},"Will the design patent bar affect attorneys already registered to practice before the USPTO?",{"text":121,"@type":113},"Hemmer expects limited immediate impact on design practice, but views the development positively by expanding the pool of qualified applicants, including former design patent examiners.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},320770,1790292879,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":34,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":14,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":24,"preview_page_count":4},13056703020460,"https://ap-avatar.wpscdn.com/avatar/be000253dac470eee5d?_k=1778207105932848923","Westlaw Today  \npowered by Reuters  \nQ&A: Design patent bar: what it means and who benefits  \nJANUARY 11, 2024  \nMorgan Lewis patent attorney John Hemmer explains the opportunities the U.S. Patent and Trademark Office’s new design patent bar provides.  \nIn November, the USPTO published its final rule announcing the amendments to the rules of practice before the agency, aiming to accommodate those who thought the nature of design patents warranted a change. The rule came into effect Jan. 2.  \nThe creation of the design patent bar should help the USPTO attract more and higher-quality design patent examiners.  \nBut many do not understand what this rule is, the rulemaking process, or what led to this rule.  \nThomson Reuters: First off, what qualifications do those who practice before the USPTO, like yourself, need to have?  \nJohn Hemmer: To practice before the USPTO for patent matters, individuals must qualify and pass the USPTO’s patent bar exam. Traditionally, the qualifications included having an undergraduate or graduate degree in engineering or science. We also need toadhere to ethical standards set by the USPTO, maintain professional conduct and maintain good standing within our respective legal jurisdictions and with the USPTO.  \nTR: Why have a patent bar at all?  \nJH: The patent bar is to ensure that individuals representing clients before the USPTO have the necessary knowledge and skills to navigate the complexities of patent laws and procedures, and the technical skills to work with inventors to explain what was invented and how it differs from prior art.  \nTR: Prior to the rulemaking, there was a single patent bar for those who practiced before the USPTO. With the separate design patent bar that was just created, what aspects of the process are different?  \nJH: Applicants applying for the design patent bar do not need a technical degree. To sit for the design patent bar, applicants must have a degree in industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, art teacher education or an equivalent.  \nTR: Will the establishment of the design patent bar affect those already registered to practice before the USPTO?  \nJH: I don’t see this development as having a dramatic impact, at least not immediately, on design practice, but generally I see this asa positive development. A design patent bar will increase the pool of qualified applicants, including former design patent examiners, that can be hired to work on design matters. Historically, it has been challenging to staff agents and associates with engineering and advanced degrees on design matters, given the lower budgets for design patents and because industrial design may not be of interest to those who chose to study engineering or science rather than industrial design. The creation of the design patent bar should also help the USPTO attract more and higher-quality design patent examiners who may now have a career path in industry after they leave the USPTO.  \nTR: The USPTO has given patent protection to original designs since the 1800s. Obviously, this process has existed in harmony with the issuance of utility patents. Why is the USPTO changing the process now?  \nJH: The USPTO director, Kathi Vidal, has expressed that the motivation was to increase diversity within the patent field by broadening the qualifications for who can prosecute design patent applications.  \nTR: What challenges could this new process present?  \nJH: As with any change to a registration system, some existing patent attorneys are concerned about a decrease in qualified practitioners. There is also a concern that the design patent bar may result in confusion among the public such that design attorneys or design agents will be viewed as the design experts. However, the design bar requires the same exam as the standard patent bar and those who are only design barred must include a notation under their signature that they are design barred. It seems unlikely to ","cbCaibBnBIq0Wlke","https://ap.wps.com/l/cbCaibBnBIq0Wlke","pdf",99552,"English","# Q&A: Design patent bar - what it means and who benefits\n## Qualifications for practicing before the USPTO\n## Differences between the design bar and the standard patent bar\n## Impact on existing practitioners and public understanding","[{\"question\":\"What is the USPTO design patent bar and when did the rule take effect?\",\"answer\":\"The USPTO’s final rule created a separate design patent bar to amend the agency’s practice rules for design patents. It took effect on Jan. 2 after publication in November.\"},{\"question\":\"What qualifications are required to sit for the design patent bar exam?\",\"answer\":\"Applicants do not need a technical engineering or science degree. They must hold a degree in fields such as industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, art teacher education, or an equivalent.\"},{\"question\":\"Will the design patent bar affect attorneys already registered to practice before the USPTO?\",\"answer\":\"Hemmer expects limited immediate impact on design practice, but views the development positively by expanding the pool of qualified applicants, including former design patent examiners.\"}]","Q&A: Design patent bar - what it means and who benefits | PDF",1789953099]