USPTO Must Cater Qualification Rules to Emerging Tech: In-House

The U.S. Patent and Trademark Office (USPTO) recently expanded the list of academic degree majors that automatically qualify attorneys to sit for the patent bar exam. Various intellectual property professionals agree this is a move in the right direction and hope the list will continue to extend to more degrees in order to attract more diverse practitioners. Managing IP interviewed Finnegan partner Erika Arner to comment on the degree extension. Erika points out that most patents granted by the USPTO involve artificial intelligence (AI) or computer software technology. She states, “If the goal is to attract practitioners who are qualified to assist inventors in getting patents, focusing on the types of patents that are popular would be a helpful next step.”

The USPTO’s decision also allows individuals with eight semester hours of chemistry, physics, or biology (including lab) to apply to sit for the patent bar, removing the requirement of eight sequential semester hours of chemistry or physics with labs in both courses. Erika says she “would encourage the patent office to continue to look for ways to be more flexible.”  

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