Intelectual Property (IP)

Patent Office Implements Changes to Requirements for Admissions Criteria for Patent Bar

“This is part of our effort across the Agency to deploy and keep up with the fast pace of technological change and to lower barriers to our innovation ecosystem.” – Kathi Vidal, USPTO

The U.S. Patent and Trademark Office (USPTO) published a Federal Register Notice today implementing the suggestions it received on expanding the patent bar following its October 18, 2022, request for public input on the topic.

The USPTO last year requested public comment on two FRNs that attempted to expand opportunities to practice in front of the agency. The Office said at the time it planned to “expand the admission criteria of our patent bar to encourage broader participation and to keep up with the ever-evolving technology and related teachings that qualify someone to practice before the USPTO.”

Now, following review of the comments received, the USPTO published an FRN implementing the suggested changes. According to a press release issued today, the 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 a modification to the accreditation requirement for computer science degrees such that all Bachelor of Science in computer science degrees from an accredited university or college will be accepted under Category A, and

(3) providing clarifying instructions to applicants for limited recognition.”

“Expanding the admission criteria of the patent bar will encourage broader participation and keep up with ever-evolving technology,” said USPTO Director Kathi Vidal. “This is part of our effort across the Agency to deploy and keep up with the fast pace of technological change and to lower barriers to our innovation ecosystem.”

Also today, the Office issued a Notice of Proposed Rulemaking (NPRM) on creating a separate design patent bar. The announcements come as part of Vidal’s “year of action” following her first term, which included numerous listening sessions and tours around the country to gather public input on various issues.

The changes to requirements for practicing before the USPTO are reflected in a newly published General Requirements Bulletin.

 

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Eileen McDermott

Eileen McDermott is the Editor-in-Chief of IPWatchdog.com. Eileen is a veteran IP and legal journalist, and no stranger to the intellectual property world, having held editorial and managerial positions at […see more]

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