#patentbar — Public Fediverse posts

If you are a member of the patent bar: How long did it take for you to study/prepare to take the exam? How much time time lapsed between the date you applied (or decided to apply) and the date you took the exam?

#LawFedi #PatentFedi #PatentBar

Are you a law student or attorney who is interested in joining the design patent bar? If you haven't applied yet, why not?

#LawFedi #PatentFedi #DesignPatents #PatentBar

Okay, we're almost an hour in but we're finally getting the first word on the new design patent bar at #DesignDay2024.

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

#PatentBar

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-

#PatentBar #DesignPatents

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

#PatentBar #DesignPatents #PatentFedi

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 #PatentBar: https://www.regulations.gov/docket/PTO-P-2022-0027/comments?filter=burstein

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

#PatentBar

How it started ..... How it's going (Patent Bar Edition).

https://www.thefacultylounge.org/2013/10/design-patent-examiners.html

https://content.govdelivery.com/accounts/USPTO/bulletins/37b1e60

#DesignPatents #DesignPatentBar #PatentBar

Some news coverage on the new #DesignPatentBar

- Law360: https://www.law360.com/ip/articles/1767258?nl_pk=fd062d42-234e-4b6a-b9b5-4052fd7ef7ac&utm_source=newsletter&utm_medium=email&utm_campaign=ip&utm_content=2023-11-16&read_main=1&nlsidx=0&nlaidx=0

- BLaw: https://news.bloomberglaw.com/product/blaw/bloomberglawnews/exp/eyJpZCI6IjAwMDAwMThiLWQ0YjUtZGQyOS1hZGZmLWRlYjdhNDk3MDAwMSIsImN0eHQiOiJJUE5XIiwidXVpZCI6ImhSb3I4QVo1MDF3emhSMXlWWk9TOHc9PWFOYzZuRlJtUnNaVDBjSDJRM2lTRUE9PSIsInRpbWUiOiIxNzAwMTM2MjUzMDc1Iiwic2lnIjoiR3B3d25iNTRmUnFFSzFtNW5RM3BoNnAwSmpjPSIsInYiOiIxIn0

#PatentBar #DesignPatents

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

There are nine total.

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

From an ABA report in 2020:

"[T]here are more patent attorneys and agents named 'Michael' in the United States than there are racially diverse women" in the patent bar.

https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2020-21/september-october/diversity-patent-law-data-analysis-diversity-patent-practice-technology-background-region/

#PatentBar #PatentFedi

Big shoutout to Mary Hannon, whose article attracted the notice of some Senators and helped get the ball rolling on #PatentBar reform.

You can read her piece (which she wrote as a law student) here:

https://www.repository.law.indiana.edu/ipt/vol10/iss1/1/

#PatentFedi

From from the USPTO on the #PatentBar:

"[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

#PatentFedi #ComputerScience

For more thoughts on #DesignPatents & the #PatentBar, see my formal comments: https://www.regulations.gov/comment/PTO-P-2022-0027-0033

I suspect this won't change much, at least on the attorney side.

There just aren't that many of us with art/design degrees.

It will be interesting, though, to see if firms decide to hire design agents.

#PatentBar #DesignPatents

ICYMI: The USPTO is proposing the creation of a separate design patent bar that will be open to people who have degrees that would currently qualify them to be design patent examiners:

https://content.govdelivery.com/accounts/USPTO/bulletins/35a2e2a

Here's the full NPRM: https://www.federalregister.gov/documents/2023/05/16/2023-10410/changes-to-the-representation-of-others-in-design-patent-matters-before-the-united-states-patent-and

#PatentBar #DesignPatents

I still haven't heard any good arguments in favor of requiring a science/tech degree to prosecute design patents.

This is a small step but a good one: https://content.govdelivery.com/accounts/USPTO/bulletins/35a2e2a

#PatentBar

Here's the NPRM, which is scheduled to be published tomorrow: https://www.federalregister.gov/public-inspection/2023-10410/changes-to-the-representation-of-others-in-design-patent-matters

Comments will be due August 14, 2023.

#USPTO #PatentBar

The good news: This is better than the current eligibility rules, which (with only a few exceptions) require someone to have a science/tech degree to prosecute design patents.

The bad news: This "just add the art people" option isn't actually that great a solution.

For more thoughts on the #PatentBar and why I think this doesn't go far enough, see: https://www.regulations.gov/comment/PTO-P-2022-0027-0033

"The USPTO is proposing that the criteria for admission to the design patent practitioner bar require that an applicant has a bachelor’s, master’s, or Ph.D. degree in ... industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education."

https://content.govdelivery.com/accounts/USPTO/bulletins/35a2e2a

#DesignPatents #PatentBar #LawFedi #PatentFedi

To recap yesterday's #DesignDay:

- No announcement about the #PatentBar

- Lots of hating on Curver/SurgiSil

- No mention at all of the biggest thing going on in design patent litigation right now, the #ScheduleA phenomenon*

______
* The first-appealed Schedule A design patent case did get mentioned, but only as to its own merits.

And we're done with #DesignDay 2023. No word on the #PatentBar. And only the vaguest allusion to the biggest thing going on in design patent litigation rn (IMHO): #ScheduleA cases.

Welp, I guess we're not getting an announcement on the #PatentBar today. 😕

#DesignDay

This should be interesting, in light of some of the comments that got filed about the #PatentBar:

https://www.regulations.gov/document/PTO-P-2022-0027-0001/comment

#DesignDay

Today is #USPTO Design Day.

Some things I'll be looking for:

- An announcement about the #PatentBar?

- Any #CounterfeitRhetoric?

- What do practitioners & the people in TC2900 think were the major developments of the year?

It looks like you can still sign up to attend virtually, if you're interested: https://www.uspto.gov/about-us/events/attend-16th-annual-design-day

#DesignDay

Will the Director make an announcement about the #PatentBar at #DesignDay? I can't wait to find out.

You can register (for free) here: https://www.uspto.gov/about-us/events/attend-16th-annual-design-day

Onsite and online attendance options are available but onsite spots are limited.

#DesignPatents #USPTO #PatentFedi

Earlier this year the USPTO collected comments on, among other things, whether there should be a separate design patent bar:

https://www.regulations.gov/docket/PTO-P-2022-0027/comments

Recently, Bloomberg Law reported that news on this front was imminent:
https://news.bloomberglaw.com/ip-law/design-patent-bar-review-panel-proposals-imminent-vidal-says

It occurs to me that #DesignDay would be an excellent occasion to make an announcement:

https://www.uspto.gov/about-us/events/attend-16th-annual-design-day

#DesignPatents #PatentBar

If you're interested in my thoughts on the USPTO's recent request for comments on the #PatentBar, you can read them here: https://www.regulations.gov/comment/PTO-P-2022-0027-0033

#DesignPatents #PatentFedi

"Vidal also pointed to expanding the patent bar, indicating that the PTO could move forward on that plan soon."

https://news.bloomberglaw.com/ip-law/design-patent-bar-review-panel-proposals-imminent-vidal-says

#DesignPatents #PatentBar #PatentFedi

That's right, design patent EXAMINERS need an art background but--at least for now--someone with an art background can't PROSECUTE design patents.*

For more on the current system: https://www.thefacultylounge.org/2013/10/design-patent-examiners.html

For more on why it should change: https://www.regulations.gov/docket/PTO-P-2022-0027/comments?filter=burstein

#PatentBar

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* Unless they happen to have a bonus science/tech degree or equivalent.