Design Patent Bar Plagued by Low Applicant Numbers Two Years In

Two years after the USPTO launched the design patent bar, questions continue to surface about whether the new pathway is truly accessible to practitioners with design backgrounds. While the bar was created to broaden participation, particularly for those without STEM degrees, the exam itself remains unchanged from the traditional utility patent test, creating unexpected hurdles for designers entering the field. 

Finnegan partner Elizabeth Ferrill underscored this disconnect, recalling her own experience with the patent bar exam. Early in her career, she noted that “20% of questions concerned the Patent Cooperation Treaty, which isn’t relevant for design patents.” She emphasized that the structure of the test forces design focused applicants to study material unrelated to their intended practice area. “You would be investing time to take a test that has a lot of things on it that have nothing to do with design patents.” 

Beth explained that while the exam’s substance is heavily weighted toward procedural rules and PTO interactions, it would be less of a barrier if applicants, including those with arts backgrounds, are prepared. 

Read Design Patent Bar Plagued by Low Applicant Numbers Two Years In