直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

Design Patent Bar Plagued by Low Applicant Numbers Two Years In

February 27, 2026

Bloomberg Law

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 

Related Practices

Prosecution and Portfolio Management

Design Rights

Related Offices

Washington, DC

Related Professionals

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Related News

Commentary

Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

July 9, 2026

Commentary

‘Oyez, Oyez.’ Supreme Court’s Last Official Crier Dies at 102

July 8, 2026

Award/Ranking

Best Lawyers in Germany Recognizes Dr. Dr. Jochen Herr in Recent Rankings

July 16, 2026

Commentary

Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects

June 30, 2026

Award/Ranking

Finnegan’s European Practices and Attorneys Highlighted in 2026 Managing IP Rankings

June 25, 2026

Press Release

BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret

June 23, 2026

Commentary

BMW Secures Injunction Forcing Zync to Seek Stay of ITC Trade Secret Case

June 23, 2026

Award/Ranking

Six Finnegan Partners Recognized in the 2026 Lawdragon 500 Leading Global IP Lawyers

June 22, 2026

Award/Ranking

Finnegan Recognized in 2026 BTI Client Service A-Team Rankings

June 22, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP