The United States Patent and Trademark Office (USPTO) recently issued a final rule establishing a separate design patent practitioner bar, allowing practitioners who are admitted to this bar to practice in design patent proceedings only. The rule is effective 2 January 2024. There is currently (i.e. before the rule takes effect) a single patent bar for practitioners in patent matters including utility, plant, and design patent matters before the USPTO. The USPTO notes that creation of the design patent practitioner bar does not affect the ability of practitioners already registered to practice in any patent matters before the USPTO to continue to practice in any patent matters, including in design patent matters.

For more information, see the USPTO’s announcement in the Federal Register here.