AIPLA Comments on Practice Eligibility Criteria Before the USPTO
Written August 7, 2023
Arlington, VA. August 3, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to Changes to the Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office (USPTO).
The comments supplement comments submitted by AIPLA on January 26, 2023, in response to the USPTO’s Request for Comments (Expanding Admission Criteria for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office). These most recent comments acknowledge the importance of a commitment to diversity, equity, and inclusion in the IP system for inventors and practitioners alike. AIPLA believes that creating a design patent bar has not been shown to further such interests.
The comments express concern that the creation of a design bar could splinter an already confusing marketplace of IP attorneys—causing harm for unsophisticated users of the legal system. The comments note that should the USPTO decide to proceed with the proposal, further studies of this issue, its impact on applicants/clients, and its overall effect on an efficient and reliable patent system are needed. Additionally, the comments suggest further clarification regarding the educational requirements of those practicing before a design bar.
To view the complete comments, please download the comment letter posted to the right of this page.