By Wallace Feng
On August 14, 2025, the United States Patent and Trademark Office (“USPTO”) published a Final Rule, which will formally end expedited examination procedures for design patent applications. Specifically, the Final Rule will abolish 37 C.F.R § 1.155, which details the procedures for expedited examination procedures for design patent applications, and 37 C.F.R § 1.155(k), which provides the filing fees for expedited examination. According to the USPTO, “there had been a significant increase in the number of requests for expedited examination of design applications, which negatively impacted the pendency of all design applications.” The purported negative effects included “a significant increase in the number of erroneous micro entity certifications from applicants who do not qualify for micro entity status” and “longer wait times for all applicants seeking design patents.” The USPTO previously had suspended the expedited examination of design applications on April 17, 2025.
