AIPLA Comments on Expanding Admission Criteria for Registration to Practice in Patent Cases Before the USPTO

Written January 27, 2023

Arlington, VA. January 27, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the Expanding Admission Criteria for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office.

The comments suggest that a review of applicant degrees at least every three years is appropriate to keep up with changes in technology and innovation, in a manner that is transparent and open to the public. The comments also suggest that any Computer Science degree awarded by an accredited college or university should qualify for Category A treatment, without an additional requirement to be ABET-accredited, to broaden access to patent practitioners in one of the fastest growing areas of patent prosecution and innovation. Additionally, AIPLA does not support the creation of a separate design patent practitioner bar because it may lead to confusion between different intellectual property rights and could increase the cost of identifying appropriate counsel. AIPLA believes that given how intertwined design patents and utility patents are, the public benefits from having patent counsel who can advise on protection for both. Finally, the comments support the USPTO’s efforts to increase DEI representation in the patent profession and would recommend more active engagement and recruitment of DEI candidates with Category A or Category B qualifications.

To view the complete comments, please download the comment letter posted to the right of this page.