The United States Patent and Trademark Office (USPTO) recently announced that it will suspend expedited examination for design patent applications effective April 17, 2025. The agency states, this significant procedural change arises primarily due to an unprecedented surge in expedited examination requests, which has strained resources and delayed the processing of all design applications. Additionally, a rise in erroneous micro-entity filings, often made by entities that do not qualify for reduced fees, has exacerbated these challenges. To address these issues, the USPTO is implementing this suspension to restore efficiency and fairness across the patent system.
According to the USPTO, this suspension serves a dual purpose. First, it aims to reduce the backlog of design patent applications, ultimately benefiting all applicants through more predictable processing timelines. Second, it addresses the issue of incorrect micro-entity certifications, which have led to administrative burdens and financial shortfalls due to improper fee reductions. By pausing expedited examinations, the USPTO seeks to streamline its processes and improve overall service quality, ensuring that legitimate applicants receive timely and accurate examination of their design patents.
While expedited examination previously allowed for quicker resolution of design patents, its suspension necessitates strategic adjustments from businesses. Companies must proactively plan their intellectual property filings accordingly to accommodate potentially longer examination periods. Understanding the nuances and value of design patents is now more important than ever to leverage these critical IP tools effectively.
Design Patents and the Subject Matter Covered