Design Patent Practitioner Bar

37 CFR 1.4 Nature of correspondence and signature requirements.

*****

(d)(1)

Handwritten signature.

A design patent practitioner must indicate their design patent

practitioner status by placing the word “design” (in any format) adjacent

to their handwritten signature. Each piece of correspondence, except as

provided in paragraphs

(d)(2)

through

(4)

,

(e)

, and

(f)

of this section,

filed in an application, patent file, or other proceeding in the Office

that requires a person’s signature, must:

*****

(2)

S-signature.

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(ii) A patent practitioner

(

§ 1.32(a)(1)

),

signing pursuant to

§ 1.33(b)(1)

or

(2)

, must

supply their registration number either as part of the S-signature

or immediately below or adjacent to the S-signature. The hash (#)

character may only be used as part of the S-signature when

appearing before a practitioner’s registration number; otherwise,

the hash character may not be used in an S-signature. A design

patent practitioner must additionally indicate their design patent

practitioner status by placing the word “design” (in any format)

adjacent to the last forward slash of their S-signature.

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37 CFR 1.32  Power of attorney.

(a)

Definitions.

(1)

Patent practitioner

means a registered patent attorney or registered patent agent under §

11.6

. An attorney or agent registered under §

11.6(d)

may only act

as a practitioner in design patent applications or other design patent

matters or design patent proceedings.

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Effective January 2, 2024, the USPTO created a separate

design patent practitioner bar whereby admitted design patent practitioners would

practice in design patent proceedings only. See

Representation of Others in

Design Patent Matters Before the United States Patent and Trademark Office

,

88 FR 78644 (November 16, 2023). Expanding the admission criteria of the patent bar

encourages broader participation and keeps up with the ever-evolving technology and

related teachings that qualify someone to practice before the USPTO

oners would

practice in design patent proceedings only. See

Representation of Others in

Design Patent Matters Before the United States Patent and Trademark Office

,

88 FR 78644 (November 16, 2023). Expanding the admission criteria of the patent bar

encourages broader participation and keeps up with the ever-evolving technology and

related teachings that qualify someone to practice before the USPTO.

Design patent practitioners (attorneys and agents) have

to pass the same registration exam and moral character evaluation as required for all

patent practitioners, which ensures they have the requisite knowledge of Office rules,

policies, and procedures. However, the scientific and technical requirements for

admission as a design patent practitioner have been modified. Specifically, applicants

to the design patent practitioner bar should have a bachelor’s, master’s, or doctorate

of philosophy degree in any of the following areas from an accredited college or

university: industrial design, product design, architecture, applied arts, graphic

design, fine/studio arts, or art teacher education, or a degree equivalent to one of

these listed degrees. See the Office of Enrollment and Discipline webpage at

www.uspto.gov/about-us/organizational-offices/

office-general-counsel/office-enrollment-and- discipline-oed

for more

information. Design patent practitioners, like all patent practitioners, are required to

provide competent representation to their clients. This includes properly informing

their clients of practice limitations. See

37 CFR 11.101

.

Design patent practitioners are registered under

37 CFR

11.6(d)

and can only practice in design patent matters.

37 CFR

1.32(a)(1)

. Therefore, a design patent practitioner cannot sign

papers in a utility (including provisional) or plant application. A patent practitioner

who is registered to practice in all patent matters under

37 CFR

11.6(a)

-

clients of practice limitations. See

37 CFR 11.101

.

Design patent practitioners are registered under

37 CFR

11.6(d)

and can only practice in design patent matters.

37 CFR

1.32(a)(1)

. Therefore, a design patent practitioner cannot sign

papers in a utility (including provisional) or plant application. A patent practitioner

who is registered to practice in all patent matters under

37 CFR

11.6(a)

-

(c)

can sign papers in a design

application. In other words, all patent practitioners can practice in design patent

matters, but only patent practitioners that can practice in all patent matters can

practice in utility, plant, and design patent matters. A power of attorney naming the

practitioners associated with a customer number filed in an application may only include

practitioners who are authorized to practice in that application. If a design patent

practitioner is associated with a customer number, that customer number cannot be used

to establish power of attorney in a utility or plant application. This applies even if a

practitioner that is authorized to practice before the Office in all patent matters is

also associated with that same customer number. See

MPEP §§ 402

,

subsection II and

403

, subsection I. A listing of registered patent attorneys

and agents (including design patent attorneys and agents) is available at

www.uspto.gov/FindPatentAttorney

. Interested parties may also obtain

a list of registered patent practitioners located in their area by writing to the Office

of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and

Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in

selecting a patent practitioner. See

37 CFR 1.31

and

MPEP §

401

.

In addition to the signature requirements for patent

practitioners registered under

37 CFR 11.6(a)

-

nt practitioners located in their area by writing to the Office

of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and

Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in

selecting a patent practitioner. See

37 CFR 1.31

and

MPEP §

401

.

In addition to the signature requirements for patent

practitioners registered under

37 CFR 11.6(a)

-

(c)

, design patent

practitioners must indicate their design patent practitioner status in order to avoid

public confusion and make the record clear. For handwritten signatures, a design patent

practitioner must place the word “design” (in any format) adjacent to their signature

(

37 CFR

1.4(d)(1)

), and for S-signatures, a design patent practitioner

must place the word “design” (in any format) adjacent to the last forward slash of their

S-signature (

37 CFR

1.4(d)(2)(ii)

).

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