After You Pass the Patent Bar: What Happens Next
Related Resource: Complete Patent Bar Exam Guide
Key Takeaways
- You’ll receive unofficial pass notification on-screen immediately after submitting your exam
- Official pass notification arrives via mail within 2-3 weeks from the USPTO
- You must complete and submit an Oath or Declaration form (PTO-158A) to become registered
- The USPTO processes your registration within 30-60 days after receiving your oath
- Your official registration number is issued once your oath is approved and processed
- You can begin practicing before USPTO if you have a supervising registered practitioner
- Registration certificates are mailed separately and may take 60-90 days to arrive
- Your name appears on the public USPTO patent practitioner roster once fully registered
- Registration allows you to prosecute patent applications and represent clients before the USPTO
What Is USPTO Patent Practitioner Registration?
USPTO patent practitioner registration is the official credential that authorizes you to represent applicants in patent matters before the United States Patent and Trademark Office. After passing the Patent Bar exam, you must complete the registration process—including submitting an oath or declaration—before you receive your registration number and can independently practice patent prosecution, file patent applications, respond to office actions, and represent clients in USPTO proceedings.
Immediate Notification: Your On-Screen Results
What Happens When You Submit Your Exam
After clicking “Submit Exam” at the Prometric testing center:
Within seconds:
- The computer processes your responses
- A preliminary result appears on-screen
- You see either “PASS” or “FAIL”
What the on-screen result tells you:
- “PASS”: You scored 70% or higher
- “FAIL”: You scored below 70%
- No numerical score is displayed unless you failed
- No breakdown by topic is provided
Important Limitations of On-Screen Results
The on-screen notification is UNOFFICIAL:
- It is a preliminary assessment only
- The USPTO must verify all results before they’re official
- In rare cases (technical issues, irregularities), preliminary results can change
- You cannot begin registration based solely on the on-screen pass
What you should do:
- Wait for official USPTO notification before starting the oath process
- Celebrate privately but hold off on updating LinkedIn or notifying employers
Preliminary Results Document
After you exit the testing room, the Prometric staff will provide:
- A printed preliminary results page
- Shows pass or fail status (not numerical score)
- Includes date, time, and testing center information
- States explicitly that results are “unofficial and subject to verification”
Keep this document—it’s helpful for your records, but remember it’s not your official notification.
Official USPTO Notification (2-3 Business Days)
Physical Mail Notification
The USPTO sends physical mail notification to the address in your OED account:
Typical arrival: 7-14 days after exam date
Contents:
- Official pass letter on USPTO letterhead
- Instructions for completing your oath or declaration
- Form PTO-158A (Oath or Declaration form) or instructions to download it
- Information about registration fees (if applicable)
- Timeline expectations for registration processing
In extremely rare cases of technical errors, physical notifications might conflict or not arrive. If this happens:
- Contact OED immediately: (571) 272-4097 or OEDRegistration@uspto.gov
- Provide your confirmation number and exam date
- Do not proceed with oath submission until discrepancy is resolved
What If You Don’t Receive Notification?
After 5 business days with no email:
- Check spam/junk folders thoroughly
- Log into your USPTO OED account at oedci.uspto.gov (results may be posted there)
- Verify email address in your account is correct
- Contact USPTO OED at (571) 272-4097 or OEDRegistration@uspto.gov
After 3 weeks with no physical mail:
- Verify mailing address in your OED account
- Contact USPTO to request duplicate notification
- Proceed with oath submission if you have email confirmation (don’t wait for physical mail)
The Oath or Declaration Requirement
What Is the Oath or Declaration?
After passing the Patent Bar, you must submit a sworn oath or declaration (Form PTO-158A) to complete your registration. This document:
Affirms that you will:
- Conduct yourself with fairness and integrity
- Support the Constitution and laws of the United States
- Maintain the respect due to courts and judicial officers
- Comply with all USPTO rules and regulations
- Not counsel or maintain actions unless you believe them well-founded
Legal significance:
- This is a legally binding oath similar to attorney bar admissions
- Violations can result in disciplinary action or loss of registration
- False statements on the oath form constitute fraud
Form PTO-158A: Registration Oath or Declaration
Where to obtain the form:
- Download from USPTO website: www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner
- Included with your pass notification (sometimes)
- Available in your OED account after passing
Form sections to complete:
Personal Information:
- Full legal name (as it will appear on your registration)
- OED registration number (leave blank—USPTO assigns this)
- Mailing address
- Email address
- Phone number
Educational Background:
- Institution names and degrees
- Graduation dates
- Technical degree information (already verified during initial application)
Employment History:
- Current employer (if applicable)
- Position title
- Whether you intend to practice as attorney or agent
The Oath Language:
- Pre-printed oath text
- You affirm by signing
Signature Requirements:
- Must be notarized OR signed as a declaration under penalty of perjury
- Date of signature
- Notary seal and signature (if notarized)
Notarization vs. Declaration Under Penalty of Perjury
You have two options for executing your oath:
Option 1: Notarized Oath (Most Common)
Process:
- Take completed form to a notary public
- Sign in notary’s presence
- Notary applies seal and signature
- Notary fills out acknowledgment section
Cost: $5-25 typically (varies by state and notary)
Where to find notaries:
- Banks and credit unions (often free for customers)
- UPS Stores and shipping centers
- Law firms and attorney offices
- Mobile notaries (come to you, higher cost)
- Some employers have on-site notaries
Option 2: Declaration Under Penalty of Perjury
Process:
- Sign form yourself without notary
- Add statement: “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct”
- Include date and location (city, state) where executed
Cost: Free
Consideration: While legally equivalent, some practitioners prefer notarization for the additional formality and verification
Common Errors on Oath Forms
Mistakes that delay registration:
Name inconsistencies:
- Name on oath doesn’t match name on exam application
- Using nicknames instead of legal name
- Omitting middle names or initials
Missing notarization:
- Forgetting to get form notarized if choosing that option
- Notary seal is illegible or incomplete
- Notary commission expired
Incomplete information:
- Leaving required fields blank
- Not dating the signature
- Missing contact information
Signature issues:
- Signing before the notary (must sign in notary’s presence)
- Using electronic signature on a form requiring original signature
- Illegible signature without printed name
Pro tip: Make a copy of your completed oath form before submitting it to USPTO. This helps if the original is lost or if there are questions about your submission.
Submitting Your Oath to the USPTO
Submission Methods
Method 1: Electronic Submission (Recommended)
Process:
- Scan your completed and signed/notarized oath form
- Log into your USPTO OED account at oedci.uspto.gov
- Navigate to the registration completion section
- Upload your scanned oath form (PDF format preferred)
- Receive confirmation of submission
Advantages:
- Fastest processing (USPTO receives immediately)
- Confirmation of receipt
- No risk of mail loss
- Easily track submission status
Requirements:
- High-quality scan (legible notary seal if applicable)
- PDF format (typically required)
- File size under 10MB (usually)
Method 2: Physical Mail
Process:
- Mail original or high-quality copy to: Mail Stop OED – Registration
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450 - Consider certified mail for tracking and proof of delivery
Advantages:
- Traditional method (if you prefer physical submission)
- Original notary seal on paper (some prefer this)
Disadvantages:
- Slower (mail transit time + processing)
- Risk of loss in mail
- No immediate confirmation of receipt
- Takes 7-10 days longer than electronic submission
Confirmation of Receipt
Electronic submissions:
- Immediate confirmation in your OED account
- Email confirmation typically sent within 24 hours
- Can check status by logging into OED account
Physical mail submissions:
- No immediate confirmation (unless certified mail)
- USPTO processes in order received (2-3 weeks to acknowledge)
- Can call OED at (571) 272-4097 to confirm receipt after 2 weeks
Registration Processing Timeline
What Happens After USPTO Receives Your Oath
Once the USPTO OED receives your completed oath form:
Week 1-2: Initial Review
- OED staff reviews your oath for completeness
- Verifies information matches your exam records
- Checks for any errors or missing elements
- May contact you if corrections needed
Week 2-4: Registration Number Assignment
- USPTO assigns your official registration number
- Number is added to the practitioner database
- Your information is entered into USPTO systems
Week 4-6: Final Processing and Roster Addition
- Your name is added to the public patent practitioner roster
- Registration certificate is prepared for printing and mailing
- Official records are updated
Week 6-8: You Receive Notification
- USPTO sends email with your registration number
- Physical registration certificate is mailed
- You can begin practicing independently (even before certificate arrives)
Typical Timeline from Oath Submission to Registration
Electronic submission (faster):
- 30-45 days from oath submission to registration number assignment
- 45-60 days until physical certificate arrives
Mail submission (slower):
- 45-60 days from oath submission to registration number assignment
- 60-75 days until physical certificate arrives
Delays can occur if:
- Oath form has errors requiring correction
- Your name needs special verification
- USPTO is experiencing high application volumes
- There are inconsistencies between your exam application and oath
How to Check Your Registration Status
Online tracking:
- Log into your USPTO OED account at oedci.uspto.gov
- Check your dashboard for status updates
- Look for “Registration Pending” → “Registration Complete”
Patent practitioner roster search:
- Visit: oedci.uspto.gov/OEDCI/practitionerSearchEntry
- Search by your last name periodically
- Once your name appears, you’re officially registered
Phone inquiry:
- Call OED at (571) 272-4097
- Provide your name and exam confirmation number
- Ask about your registration status
Your Registration Number
What Is Your Registration Number?
Your USPTO registration number is a unique 5-digit identifier (format: 12345) that:
- Identifies you as a registered patent practitioner
- Must be included on all USPTO correspondence and filings
- Remains yours permanently (doesn’t change or expire)
- Distinguishes you in the USPTO practitioner database
Format examples:
- Patent Agent: Registration No. 67890
- Patent Attorney: Registration No. 54321
Registration Number vs. Customer Number
Don’t confuse these:
Registration Number (5 digits):
- Your personal practitioner identifier
- Required for USPTO representation
- Appears on correspondence as your signature block
Customer Number (5-6 digits):
- Firm or organization identifier (optional)
- Used for correspondence address
- Multiple practitioners can share one customer number
When You Receive Your Number
You receive your registration number in two stages:
Stage 1: Email notification (Week 4-6 after oath)
- USPTO sends email with your assigned number
- Number is “official” from this point
- You can begin using it in correspondence
Stage 2: Physical certificate (Week 6-10 after oath)
- Formal certificate with your number arrives by mail
- Suitable for framing and display
- Includes USPTO seal and signature
Can you practice before receiving the certificate?
Yes— Once you receive email confirmation with your registration number, you can begin practicing independently. You don’t need to wait for the physical certificate to arrive.
Your Registration Certificate
What the Certificate Includes
Your official USPTO registration certificate is a formal document containing:
Header:
- “United States Patent and Trademark Office”
- Official USPTO seal
- “Certificate of Registration”
Body text:
- “This is to certify that [Your Full Name]”
- “having complied with the requirements under 37 CFR 11.6 and 11.7”
- “has been duly registered to practice before the Patent and Trademark Office”
Credentials:
- Your registration number (e.g., “Registration No. 75432”)
- Designation as either “Patent Attorney” or “Patent Agent”
- Date of registration
- Signature of the Director of the USPTO Office of Enrollment and Discipline
Security features:
- Official USPTO seal (embossed or printed)
- Director signature
- Security paper or watermark
Physical Certificate Mailing
Arrival timeline: 60-90 days after passing the exam (or 45-60 days after oath submission)
Package details:
- Arrives via USPS First Class Mail
- In a rigid envelope or tube (to prevent bending)
- Addressed to your registered mailing address
Size: Typically 8.5″ x 11″ suitable for standard frames
What if it doesn’t arrive?
After 90 days from oath submission:
- Check your registration status online (you may be registered even without certificate)
- Verify mailing address in your OED account
- Contact USPTO at (571) 272-4097 to request duplicate certificate
- Small fee may apply for replacement certificates ($25-50 typically)
Framing and Display
Professional display:
- Most practitioners frame their registration certificate
- Hang in office alongside law degree, state bar certificate (if attorney)
- Some firms create credential walls for all registered practitioners
Ordering official copies:
- USPTO can provide certified copies for a fee
- Useful if you need multiple for different office locations
- Contact OED for current pricing and process
Public Practitioner Roster Listing
The USPTO Practitioner Search Database
Once you’re registered, your information appears in the public patent practitioner roster:
Database location: oedci.uspto.gov/OEDCI/practitionerSearchEntry
Searchable by:
- Last name
- First name
- Registration number
- State of residence
- Practitioner type (attorney vs. agent)
Your listing includes:
- Full legal name
- Registration number
- Registration date
- Status (Active, Suspended, Resigned, etc.)
- State
- Practitioner type (Attorney/Agent)
What This Means for You
Advantages:
- Verification tool: Clients and employers can verify your credentials
- Public directory: Increases professional visibility
- Proof of good standing: Shows active registration status
Privacy considerations:
- Name is public: Anyone can search and find you
- Address is NOT public: Your mailing address isn’t displayed
- Phone/email NOT public: Contact information isn’t listed
Managing your listing:
- Keep your OED account contact information current
- Notify USPTO if you change name (marriage, etc.)
- Report any status changes (resignation, emeritus, etc.)
When You Can Begin Practicing
Limited Practice During Registration Processing
Before receiving your registration number:
You may practice patent law if:
- You work under supervision of a registered practitioner
- Your employer is aware you’re awaiting registration
- You clearly indicate you’re “Patent Bar Eligible” or “Pending USPTO Registration”
- All work is reviewed by a registered practitioner
- You do not independently sign USPTO correspondence
Permissible activities while pending:
- Drafting patent applications (under supervision)
- Responding to office actions (reviewed by registered practitioner)
- Conducting prior art searches
- Interviewing clients (with supervising practitioner)
- Attending USPTO examiner interviews (with registered practitioner)
Not permitted while pending:
- Signing correspondence to the USPTO as practitioner of record
- Appearing independently before the USPTO
- Listing yourself as correspondence address
- Representing yourself as a fully registered practitioner
Full Independent Practice
After receiving your registration number:
You may independently:
- Prosecute patent applications before the USPTO
- Sign all USPTO correspondence
- Serve as practitioner of record on patent applications
- Represent clients in examiner interviews
- File appeals to the Patent Trial and Appeal Board
- Appear in reexamination and post-grant proceedings
- Practice anywhere in the United States (USPTO registration is federal)
No additional requirements:
- No additional fees for active status
- No immediate CLE requirements (some states have patent CLE later)
- No separate state registration needed for USPTO practice
For Patent Attorneys: State Bar Considerations
If you’re a licensed attorney registered as a patent attorney:
USPTO registration allows:
- Patent prosecution work nationwide
- No need for admission to state bars for USPTO-only practice
State bar license allows:
- Non-patent legal services (contracts, litigation, etc.)
- Appearing in federal court patent litigation
- Providing legal opinions and advice beyond USPTO practice
Both credentials together:
- Most complete patent law practice capability
- Can handle prosecution and litigation
- Can represent clients in all patent-related matters
Important: If you practice patent law in a state where you’re licensed, you may be subject to that state’s attorney conduct rules in addition to USPTO rules.
Maintaining Your Registration
Continuing Legal Education (CLE)
USPTO CLE requirements:
Currently, the USPTO does not require annual CLE for maintaining registration. However:
- Some states require patent-specific CLE for attorneys who practice patent law
- Many practitioners voluntarily pursue continuing education in patent law
- Employers may require ongoing training
Recommended ongoing education:
- Attend patent law conferences (AIPLA, IPO, local bar associations)
- Take courses on MPEP updates and rule changes
- Participate in USPTO webinars and training sessions
- Stay current with Federal Circuit and Supreme Court decisions
Registration Renewal and Fees
Good news: USPTO patent practitioner registration:
- Does not expire as long as you maintain good standing
- No annual renewal fees for active practitioners
- No periodic re-registration required
- Remains active until you resign, retire, or are suspended
Maintaining good standing:
- Comply with USPTO rules of professional conduct (37 CFR Part 11)
- Pay USPTO practitioner fees when filing documents (if applicable)
- Keep OED contact information current
- Report any disciplinary actions from state bars (for attorneys)
Updating Your Information
Required notifications to USPTO:
Name changes:
- Submit name change documentation to OED
- Update within 30 days of legal name change
- Requires proof (marriage certificate, court order, etc.)
Address changes:
- Update in your OED account immediately
- Ensures you receive USPTO correspondence
- Update on all pending applications
Status changes:
- Resignation from practice
- Retirement
- Suspension from state bar (for attorneys)
- Changes to attorney vs. agent status
USPTO Discipline and Ethics
As a registered practitioner, you’re subject to:
37 CFR Part 11: USPTO Rules of Professional Conduct
Key obligations:
- Competent representation of clients
- Maintain client confidentiality
- Avoid conflicts of interest
- Honest dealings with USPTO
- Proper fee agreements
- Timely responses to USPTO correspondence
Consequences of violations:
- Private or public reprimand
- Suspension from practice
- Exclusion (permanent removal) from practice
- Referral to state bars (for attorneys)
Discipline is public:
- Published in the Official Gazette
- Appears in your practitioner roster listing
- Can impact employment and reputation
Common Mistakes
Practicing independently before receiving your registration number. Even if you’ve passed the exam and submitted your oath, you cannot sign USPTO correspondence or appear as practitioner of record until you have an official registration number. Work under supervision until then or risk unauthorized practice issues.
Forgetting to submit your oath form promptly after passing. Some candidates celebrate passing and then forget to complete the oath process for weeks or months. This delays your registration unnecessarily. Submit your oath within 7-10 days of receiving your pass notification.
Not keeping a copy of your signed oath form. If USPTO loses your submission or questions arise about your oath, having your own copy can expedite resolution. Always make copies of legal documents before submitting them.
Assuming you’re automatically registered after passing the exam. Passing the exam is only the first step. You must affirmatively submit the oath form and wait for USPTO processing before you’re registered. Don’t tell employers or clients you’re “registered” until you have your registration number.
Not updating your OED account with current address and contact information. If USPTO can’t reach you during the registration process or sends your certificate to an old address, you’ll experience significant delays. Keep your OED account current.
Expecting your physical certificate before beginning practice. Once you receive email confirmation with your registration number, you can practice immediately. Don’t wait the additional 2-4 weeks for the physical certificate to arrive—it’s not required to start working.
Frequently Asked Questions
How long does the entire process take from exam day to receiving my registration number?
Typically 6-10 weeks total: 2-3 days for official pass notification, 1-2 weeks to prepare and submit oath, 4-6 weeks for USPTO to process oath and assign registration number. Electronic oath submission can shave 1-2 weeks off this timeline.
Can I take the oath before taking the exam?
No. The oath specifically relates to passing the exam and becoming registered. You must pass the exam first, then submit your oath afterward.
Do I need to be a U.S. citizen to become a registered patent practitioner?
No. Non-U.S. citizens can register as patent agents or patent attorneys with the USPTO under special circumstances. However, if you’re a patent attorney, you must be admitted to at least one U.S. state bar (which may have citizenship or residency requirements).
What’s the difference between a registered patent attorney and a registered patent agent?
Both can prosecute patent applications before the USPTO. Patent attorneys are also licensed attorneys in at least one state, which allows them to practice in federal court patent litigation, give legal opinions, draft contracts, and provide broader legal services. Patent agents are limited to USPTO practice only.
If I’m a registered patent agent and later become a licensed attorney, do I need to re-register?
No, but you should notify the USPTO OED of your attorney admission. Your registration status can be updated from “Patent Agent” to “Patent Attorney” in the practitioner database. Contact OED with proof of your bar admission.
Can I practice patent law in all 50 states with just USPTO registration?
For USPTO practice (patent prosecution), yes—USPTO registration is federal and allows practice nationwide. However, if you want to practice other areas of law or appear in court, you need admission to the relevant state bar(s).
What happens if I move to a different state after registration?
Nothing changes with your USPTO registration—it remains valid nationwide. Simply update your address in your OED account. If you’re an attorney, check whether you need to notify your state bar of the address change.
Do I need malpractice insurance as a registered patent practitioner?
The USPTO doesn’t require it, but it’s strongly recommended and often required by employers. If you practice independently or as a contractor, malpractice insurance (E&O coverage) protects you from claims arising from errors in patent prosecution.
Can my registration be suspended or revoked?
Yes. The USPTO can suspend or exclude practitioners for violations of the USPTO Rules of Professional Conduct (37 CFR Part 11), including fraud, dishonesty, incompetence, or serious professional misconduct. Suspension/exclusion is public and appears in the practitioner roster.
What if I want to resign from USPTO practice in the future?
You can voluntarily resign by submitting a letter to the OED. Your name will remain in the practitioner database but with “Resigned” status. You can potentially be reinstated later if you meet reinstatement requirements.
Begin Your Career as a Registered Patent Practitioner
Congratulations on passing the Patent Bar! Completing your oath, receiving your registration number, and officially joining the ranks of USPTO patent practitioners is an exciting milestone. Your career in patent law begins now.
Continue building your patent law expertise: Visit our Patent Bar Exam preparation course for resources on post-registration topics including USPTO practice tips, professional development, and ongoing education for new patent practitioners.
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