At present, United States Patent and Trademark Office (USPTO) Are proceeding against its rules (rules of practice) revise, To create a new one "Design patent practitioners" Categories of. It is reported, The above-mentioned personnel can "Design patent attorney" perhaps "Design patent agent" The identity to represent others in USPTO Handle specific business. This was just divided up, Available for more degree qualifications "Design patent practitioners" The class will allow qualified design patent practitioners to practice exclusively in proceedings involving design patents. The above amendment will be introduced in 2024 years 1 month 2 Officially come into force.

According to the old practice, Anyone seeking in USPTO Registration to handle patent matters (Including utility models, New plant varieties and design patents) All persons must be qualified as patent agents first. In order to obtain this qualification, Applicants must have an officially recognized college or university degree in a limited technical subject area (Or equivalent) . These subjects are strictly limited to certain science and engineering degrees, biologics, biochemistry, Biomedical engineering, Chemical engineering, Computer engineering, Computer science, Electrical engineering, Degree in molecular biology. No matter what type of patent applications potential practitioners may file in the future, All of the above requirements apply.

therefore, USPTO Expanded those who wanted to USPTO Barriers to entry for people handling business, Thus focusing on design patent applications (This is sometimes referred to as industrial design in other jurisdictions) Design patent practitioners of decorative design can obtain the newly established design patent agent qualification. These applicants will be eligible in USPTO practice, Without having to meet the more stringent engineering and technical requirements of standard patent attorneys.

In order to dispel doubts about the competence of such agents and their compliance with professional ethics, USPTO It also puts forward some specific requirements for the access and practice of design patent practitioners.

Specifically speaking, The applicant will only be able to deal with matters relating to design patents, And still need to pass the same registration exam as other patent practitioners. meanwhile, Applicants must also have one of the following officially recognized degrees (Or equivalent) : Industrial design; Product appearance design; unit; Applied art; Graphic design; ART／Studio art; Or art teacher education.

besides, Design patent practitioners must also inform USPTO And the client's limited power of attorney, And will "Appearance design" The word was placed next to his signature. These design patent practitioners are assigned a registration number from the Design Patent Practitioner number sequence.

therewith, USPTO explain, The purpose of this significant change is to enable those with valuable design knowledge to assist in the design patent examination process, So as to improve the level of design patent practitioners and agency ability.

Patent practitioners who are already qualified as patent attorneys will not be affected. "Manual of patent examination procedures" Updates will be made, To reflect these revisions. (Be compiled from www. mondaq. com)

TRANSLATORS: Liu Peng　proofread: Wang Dan

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