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USPTO to suspend expedited examination of designapplications

Release Time：

2025-04-15

The United States Patent and Trademark Office (USPTO) announced via its official website on April 14, 2025, that effective April 17, 2025, it will suspend expedited examination for U.S. design patent applications. Any requests submitted on or after the effective date will be denied, and associated fees will be refunded.

Key Details:

To combat fraudulent activities and reduce the backlog of pending design applications, the USPTO will pause expedited examination for design patents starting April 17, 2025.

In recent years, expedited examination requests for design applications have surged by 560%, largely driven by fraudulent filings. This suspension also aligns with the USPTO’s efforts to address improper certifications of micro-entity status and broader initiatives to mitigate systemic threats to the intellectual property ecosystem.

All expedited examination requests—including renewal petitions—submitted on or after the effective date will be rejected, and fees will be refunded.

Implications of the Announcement:

Fraud Has Reached a Breaking Point:
The staggering 560% spike in expedited requests highlights rampant abuse, likely involving falsified inventor details, stolen design schematics, forged signatures, or fraudulent addresses. These practices have pushed the USPTO to act decisively.
Micro-Entity Abuse Spills Over:
The USPTO explicitly cited “misclassified micro-entity certifications” as a systemic risk. Abuse of micro-entity status—originally a cost-saving measure—has exposed deeper issues of dishonesty, now threatening the integrity of the patent system.
A Clear Message: Compliance Is Non-Negotiable:
By suspending expedited processing entirely, the USPTO signals a zero-tolerance stance toward systemic exploitation. This move serves as a stark warning to those skirting regulatory boundaries.

Important Notes:

Track One prioritized examination for utility patents and other acceleration programs remain unaffected.
Hague System design applications designating the U.S. retain their 12-month examination timeline, offering an alternative acceleration pathway.

Strategic Recommendations for Rights Holders:
With expedited design patent examination terminated, innovators should:

Develop products that qualify for both design patent and copyright protection (e.g., unique product shapes protectable under design patents, coupled with artistic elements eligible for copyright).
Strengthen U.S. copyright strategies, covering product designs, packaging, and even Amazon product imagery, to ensure enforceable rights against infringement.

Context: Chinese Applicants and E-Commerce Trends
U.S. design patents have become a critical tool for Chinese cross-border e-commerce sellers to combat copycats. Applications from Chinese filers skyrocketed from ~2,000 published in 2018 to 17,000 in 2024, nearly matching U.S. applicant volumes.

For fast-moving e-commerce products with short lifecycles, expedited examination (6-8 months) was essential to secure rights before imitators flooded the market. Without acceleration, standard processing now takes 1-3 years—a timeline misaligned with rapid product turnover.

Industry Perspective:
While the suspension disrupts short-term strategies, it may recalibrate competition toward genuine innovation. With expedited channels closed, businesses must focus on robust product development and multi-layered IP protection (design patents + copyrights + trademarks), rather than relying on procedural shortcuts.

Conclusion:
The USPTO’s move underscores a global shift toward stricter IP enforcement. Rights holders must adapt by integrating design patents with copyright safeguards, ensuring enforceable protections even as procedural landscapes evolve. For China’s e-commerce sector, this reset may ultimately foster healthier competition, rewarding originality over haste.