In response to pleas to broaden the group of people that can file design patents, the USPTO has created a design patent bar.  Traditionally, only registered patent attorneys could file design patents, but to be a registered patent attorney, a person must have a technical degree and pass the Patent Bar, which traditionally has the lowest passage rate of any bar exam.  

The patent bar still will be limited to those that have a degree in “industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education.”  In addition, candidates will still have to pass the traditionally rigorous Patent Bar exam.  

For clients, there is more to filing a design patent than submitting drawings and there are many traps for the uninitiated.  The hope in creating the design patent bar was that more people would be able to file design patents, which might drive down costs, but with the necessary limitations on acceptable degrees and forcing people to pass the patent bar, price changes are unlikely and the design patent process will likely stay the same.