MPEP § 1502.02 — Design Patent Practitioner Bar (Annotated Rules)
§1502.02 Design Patent Practitioner Bar
This page consolidates and annotates all enforceable requirements under MPEP § 1502.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Design Patent Practitioner Bar
This section addresses Design Patent Practitioner Bar. Primary authority: 37 CFR 1.32, 37 CFR 11.101, and 37 CFR 11.6(d). Contains: 1 requirement, 2 prohibitions, 8 permissions, and 2 other statements.
Key Rules
Practitioner Recognition and Conduct
(a) Definitions. (1) Patent practitioner means a registered patent attorney or registered patent agent under § 11.6. An attorney or agent registered under § 11.6(d) may only act as a practitioner in design patent applications or other design patent matters or design patent proceedings.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Practitioner Discipline
Design patent practitioners (attorneys and agents) have to pass the same registration exam and moral character evaluation as required for all patent practitioners, which ensures they have the requisite knowledge of Office rules, policies, and procedures. However, the scientific and technical requirements for admission as a design patent practitioner have been modified. Specifically, applicants to the design patent practitioner bar should have a bachelor’s, master’s, or doctorate of philosophy degree in any of the following areas from an accredited college or university: industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education, or a degree equivalent to one of these listed degrees. See the Office of Enrollment and Discipline webpage at www.uspto.gov/about-us/organizational-offices/ office-general-counsel/office-enrollment-and- discipline-oed for more information. Design patent practitioners, like all patent practitioners, are required to provide competent representation to their clients. This includes properly informing their clients of practice limitations. See 37 CFR 11.101.
Design patent practitioners (attorneys and agents) have to pass the same registration exam and moral character evaluation as required for all patent practitioners, which ensures they have the requisite knowledge of Office rules, policies, and procedures. However, the scientific and technical requirements for admission as a design patent practitioner have been modified. Specifically, applicants to the design patent practitioner bar should have a bachelor’s, master’s, or doctorate of philosophy degree in any of the following areas from an accredited college or university: industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education, or a degree equivalent to one of these listed degrees. See the Office of Enrollment and Discipline webpage at www.uspto.gov/about-us/organizational-offices/ office-general-counsel/office-enrollment-and- discipline-oed for more information. Design patent practitioners, like all patent practitioners, are required to provide competent representation to their clients. This includes properly informing their clients of practice limitations. See 37 CFR 11.101.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
POA via Customer Number
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
Registration Number on Signature
(a) Definitions.
(a) Definitions. (1) Patent practitioner means a registered patent attorney or registered patent agent under § 11.6. An attorney or agent registered under § 11.6(d) may only act as a practitioner in design patent applications or other design patent matters or design patent proceedings.
Limited Recognition Practitioners
Design patent practitioners (attorneys and agents) have to pass the same registration exam and moral character evaluation as required for all patent practitioners, which ensures they have the requisite knowledge of Office rules, policies, and procedures. However, the scientific and technical requirements for admission as a design patent practitioner have been modified. Specifically, applicants to the design patent practitioner bar should have a bachelor’s, master’s, or doctorate of philosophy degree in any of the following areas from an accredited college or university: industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education, or a degree equivalent to one of these listed degrees. See the Office of Enrollment and Discipline webpage at www.uspto.gov/about-us/organizational-offices/ office-general-counsel/office-enrollment-and- discipline-oed for more information. Design patent practitioners, like all patent practitioners, are required to provide competent representation to their clients. This includes properly informing their clients of practice limitations. See 37 CFR 11.101.
Design patent practitioners (attorneys and agents) have to pass the same registration exam and moral character evaluation as required for all patent practitioners, which ensures they have the requisite knowledge of Office rules, policies, and procedures. However, the scientific and technical requirements for admission as a design patent practitioner have been modified. Specifically, applicants to the design patent practitioner bar should have a bachelor’s, master’s, or doctorate of philosophy degree in any of the following areas from an accredited college or university: industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education, or a degree equivalent to one of these listed degrees. See the Office of Enrollment and Discipline webpage at www.uspto.gov/about-us/organizational-offices/ office-general-counsel/office-enrollment-and- discipline-oed for more information. Design patent practitioners, like all patent practitioners, are required to provide competent representation to their clients. This includes properly informing their clients of practice limitations. See 37 CFR 11.101.
Power of Attorney Requirements
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a) – (c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
POA Form Requirements
In addition to the signature requirements for patent practitioners registered under 37 CFR 11.6(a) – (c), design patent practitioners must indicate their design patent practitioner status in order to avoid public confusion and make the record clear. For handwritten signatures, a design patent practitioner must place the word “design” (in any format) adjacent to their signature (37 CFR 1.4(d)(1)), and for S-signatures, a design patent practitioner must place the word “design” (in any format) adjacent to the last forward slash of their S-signature (37 CFR 1.4(d)(2)(ii)).
S-Signature Format Requirements
In addition to the signature requirements for patent practitioners registered under 37 CFR 11.6(a) – (c), design patent practitioners must indicate their design patent practitioner status in order to avoid public confusion and make the record clear. For handwritten signatures, a design patent practitioner must place the word “design” (in any format) adjacent to their signature (37 CFR 1.4(d)(1)), and for S-signatures, a design patent practitioner must place the word “design” (in any format) adjacent to the last forward slash of their S-signature (37 CFR 1.4(d)(2)(ii)).
Citations
| Primary topic | Citation |
|---|---|
| POA via Customer Number Power of Attorney Requirements Practitioner Discipline Practitioner Recognition and Conduct | 37 CFR § 1.31 |
| POA via Customer Number Power of Attorney Requirements Practitioner Discipline Practitioner Recognition and Conduct | 37 CFR § 1.32(a)(1) |
| POA Form Requirements S-Signature Format Requirements | 37 CFR § 1.4(d)(1) |
| POA Form Requirements S-Signature Format Requirements | 37 CFR § 1.4(d)(2)(ii) |
| Limited Recognition Practitioners Practitioner Discipline | 37 CFR § 11.101 |
| Practitioner Recognition and Conduct Registration Number on Signature | 37 CFR § 11.6 |
| POA Form Requirements POA via Customer Number Power of Attorney Requirements Practitioner Discipline Practitioner Recognition and Conduct S-Signature Format Requirements | 37 CFR § 11.6(a) |
| POA via Customer Number Power of Attorney Requirements Practitioner Discipline Practitioner Recognition and Conduct Registration Number on Signature | 37 CFR § 11.6(d) |
| POA via Customer Number Power of Attorney Requirements Practitioner Discipline Practitioner Recognition and Conduct | MPEP § 401 |
| POA via Customer Number Power of Attorney Requirements Practitioner Discipline Practitioner Recognition and Conduct | MPEP § 402 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1502.02 — Design Patent Practitioner Bar
Source: USPTO1502.02 Design Patent Practitioner Bar [R-01.2024]
37 CFR 1.4 Nature of correspondence and signature requirements.
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- (d)(1) Handwritten signature. A design patent practitioner must indicate their design patent practitioner status by placing the word “design” (in any format) adjacent to their handwritten signature. Each piece of correspondence, except as provided in paragraphs (d)(2) through (4), (e), and (f) of this section, filed in an application, patent file, or other proceeding in the Office that requires a person’s signature, must:
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- (2) S-signature.
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- (ii) A patent practitioner (§ 1.32(a)(1)), signing pursuant to § 1.33(b)(1) or (2), must supply their registration number either as part of the S-signature or immediately below or adjacent to the S-signature. The hash (#) character may only be used as part of the S-signature when appearing before a practitioner’s registration number; otherwise, the hash character may not be used in an S-signature. A design patent practitioner must additionally indicate their design patent practitioner status by placing the word “design” (in any format) adjacent to the last forward slash of their S-signature.
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37 CFR 1.32 Power of attorney.
- (a) Definitions.
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Effective January 2, 2024, the USPTO created a separate design patent practitioner bar whereby admitted design patent practitioners would practice in design patent proceedings only. See Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office, 88 FR 78644 (November 16, 2023). Expanding the admission criteria of the patent bar encourages broader participation and keeps up with the ever-evolving technology and related teachings that qualify someone to practice before the USPTO.
Design patent practitioners (attorneys and agents) have to pass the same registration exam and moral character evaluation as required for all patent practitioners, which ensures they have the requisite knowledge of Office rules, policies, and procedures. However, the scientific and technical requirements for admission as a design patent practitioner have been modified. Specifically, applicants to the design patent practitioner bar should have a bachelor’s, master’s, or doctorate of philosophy degree in any of the following areas from an accredited college or university: industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education, or a degree equivalent to one of these listed degrees. See the Office of Enrollment and Discipline webpage at www.uspto.gov/about-us/organizational-offices/ office-general-counsel/office-enrollment-and- discipline-oed for more information. Design patent practitioners, like all patent practitioners, are required to provide competent representation to their clients. This includes properly informing their clients of practice limitations. See 37 CFR 11.101.
Design patent practitioners are registered under 37 CFR 11.6(d) and can only practice in design patent matters. 37 CFR 1.32(a)(1). Therefore, a design patent practitioner cannot sign papers in a utility (including provisional) or plant application. A patent practitioner who is registered to practice in all patent matters under 37 CFR 11.6(a)–(c) can sign papers in a design application. In other words, all patent practitioners can practice in design patent matters, but only patent practitioners that can practice in all patent matters can practice in utility, plant, and design patent matters. A power of attorney naming the practitioners associated with a customer number filed in an application may only include practitioners who are authorized to practice in that application. If a design patent practitioner is associated with a customer number, that customer number cannot be used to establish power of attorney in a utility or plant application. This applies even if a practitioner that is authorized to practice before the Office in all patent matters is also associated with that same customer number. See MPEP §§ 402, subsection II and 403, subsection I. A listing of registered patent attorneys and agents (including design patent attorneys and agents) is available at www.uspto.gov/FindPatentAttorney. Interested parties may also obtain a list of registered patent practitioners located in their area by writing to the Office of Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. The Office cannot aid in selecting a patent practitioner. See 37 CFR 1.31 and MPEP § 401.
In addition to the signature requirements for patent practitioners registered under 37 CFR 11.6(a)–(c), design patent practitioners must indicate their design patent practitioner status in order to avoid public confusion and make the record clear. For handwritten signatures, a design patent practitioner must place the word “design” (in any format) adjacent to their signature (37 CFR 1.4(d)(1)), and for S-signatures, a design patent practitioner must place the word “design” (in any format) adjacent to the last forward slash of their S-signature (37 CFR 1.4(d)(2)(ii)).