Failing the USPTO Registration Examination—commonly called the Patent Bar—can feel discouraging. The good news is that a failed attempt does not disqualify you, and the USPTO has historically allowed multiple retakes under defined rules.
Even better, the USPTO is currently operating under a temporary waiver that significantly relaxes the normal retake restrictions.
This guide explains:
- How many times you can take the Patent Bar
- Required wait periods between attempts
- What normally happens after five attempts
- What’s different under the temporary waiver
- How the review session works
- How to reapply correctly and efficiently
Who Administers the Patent Bar?
The Patent Bar is administered by the United States Patent and Trademark Office (USPTO), with testing delivered through Prometric testing centers.
What Happens If You Don’t Pass the Patent Bar?
If you do not pass the exam, the USPTO will:
- Notify you of your score
- Offer an optional review session
- Explain how to reapply for a retake
Failing the exam does not reset your eligibility or require resubmitting all documentation from scratch.
Optional Review Session (Strongly Recommended)
After an unsuccessful attempt, you may schedule a review session with Prometric.
Review Session Details
- Length: 2.5 hours
- Cost: Paid directly to Prometric
- Deadline: Must be scheduled and completed within 60 days of the results notice
- What you can review:
- Only the questions you answered incorrectly
- What you cannot review:
- Correct answers
- Skipped or unanswered questions
This review is especially valuable for identifying:
- Weak MPEP chapters
- Search/navigation mistakes
- Misinterpretation patterns
Retaking the Patent Bar Under Normal Circumstances
Under standard USPTO rules (when no waiver is in effect), retakes are governed by 37 CFR § 11.7(b)(2) and 37 CFR § 11.3(a).
Normal Retake Rules
- Mandatory waiting period between attempts (30 days for the first and second failures, and 90 days for the third and fourth failures).
- Maximum of five attempts without special permission
- Sixth attempt (or more) requires:
- A formal petition to the Office of Enrollment and Discipline (OED)
- Demonstration of preparedness to pass
- Payment of an additional petition fee
- Timely filing of the petition
These rules were designed to ensure that repeat candidates meaningfully prepare before retesting.
Current Temporary Waiver (Very Important)
For the next twelve months and until further notice, the USPTO has temporarily waived key portions of the normal retake restrictions.
What Has Been Waived
Under the waiver of 37 CFR § 11.3(a), the USPTO has suspended:
- The additional waiting period normally required between attempts
- The five-attempt cap that normally requires a petition
What This Means for You
- You may reapply immediately after an unsuccessful attempt
- You do not need to file a petition—even after five attempts
- The USPTO will continue its prior practice of permitting reapplication
One Important Limitation Still Applies
Even under the waiver:
- Your eligibility window to retake the exam cannot start sooner than 30 days after a failed attempt
This effectively creates a minimum 30-day reset, but removes longer delays and petition barriers.
When the Waiver Expires
Once the temporary waiver ends:
- The standard wait period will return
- A petition will again be required for a sixth attempt or beyond
- Applicants must demonstrate preparedness and submit the appropriate fee
Candidates planning multiple retakes should be mindful of this timeline.
How to Reapply for the Patent Bar After Failing
Reapplying is straightforward.
Reapplication Rules
- Submit the applicable reapplication form and fees
- You do not need to resubmit previously furnished supporting documents
- You must update any responses that have changed since your last application
Examples of changes that must be updated:
- Contact information
- Employment status
- Legal or disciplinary disclosures
Practical Strategy for a Successful Retake
Candidates who pass on a retake usually change how they study—not just how much they study.
Key adjustments often include:
- Learning where answers live in the MPEP, not just memorizing rules
- Practicing timed searching inside the electronic MPEP
- Focusing on heavily tested chapters (e.g., 2100, 700, 600, 1200)
- Reviewing mistakes from the Prometric review session with intent
The temporary waiver creates a rare opportunity to retake efficiently—but preparation still matters.
Final Takeaway
Failing the Patent Bar is not the end of the road.
Right now, the USPTO’s temporary waiver offers:
- More flexibility
- Fewer procedural barriers
- Faster paths to retesting
Use this window wisely: analyze your weak points, adjust your approach, and treat your retake as a strategic reset—not a repeat.
