Exam Overview
Every question on the patent bar is multiple-choice, MPEP-based, and has exactly one correct answer. Here is what to expect and how to approach each question type.
100
Total questions
50 AM + 50 PM sessions
5
Answer choices
Always A through E
6 hrs
Total exam time
3 hours per session
3.6 min
Per question
With MPEP open
The USPTO patent bar exam (formally the Reg. exam) is administered by Prometric and consists of 100 multiple-choice questions split into two sessions: an AM session of 50 questions and a PM session of 50 questions, each with a 3-hour time limit. The two sessions are taken on the same day with a short break between them.
Every question has exactly five answer choices (A through E) and one correct answer. There is no partial credit and no penalty for guessing — so you should always select an answer even if you are uncertain. The passing score is 70% (70 out of 100 questions correct).
The exam is "open book" in the sense that a searchable electronic version of the MPEP is available throughout the exam within the Prometric interface. All questions are answerable using the MPEP alone — no outside materials are permitted and no materials may be brought into the testing room. Understanding how to navigate the MPEP quickly is a core test-taking skill.
Questions are drawn from a bank maintained by the USPTO and rotate between administrations. The USPTO has not publicly released exam questions since 2003, so the exact distribution can shift slightly between administrations — but the chapter-by-chapter frequency is well-established from the released 2001–2003 exams and has remained broadly consistent.
A scenario is presented and you must apply the exact MPEP rule to it. Example: 'An applicant files a response 3 months after a non-final Office Action. The period for response was 3 months. What is the status of the application?' These questions reward knowing the rule — not just the concept.
Study tip
Nail the procedural rules in Chapters 700 and 600. Most direct rule questions come from those two chapters.
Questions that ask you to interpret a specific provision of 35 U.S.C. or 37 C.F.R. Often framed as 'Under 35 U.S.C. § 102(a)(1), which of the following constitutes prior art?' These test your fluency with the statute, not just the MPEP section that explains it.
Study tip
Know the AIA versions of §§ 101, 102, 103, and 112 cold. The pre-AIA versions still appear on questions involving applications with effective filing dates before March 16, 2013.
Four of the five answer choices are correct statements; one is not. Or four are incorrect and one is correct. Example: 'Which of the following is NOT a requirement for a valid Information Disclosure Statement?' These questions are designed to catch candidates who know the topic generally but not precisely.
Study tip
Read every word carefully. The difference between 'may' and 'must' — or 'before' and 'after' — is often the entire question.
Questions about what a patent practitioner should do in a given situation — disclosure duties, conflicts, candor to the USPTO, and handling client communications. Governed by 37 C.F.R. § 11 and the USPTO Rules of Professional Conduct.
Study tip
The duty of candor (37 C.F.R. § 1.56) and IDS practice appear frequently. Know what must be disclosed, when, and to whom.
Questions covering international filing under the Patent Cooperation Treaty. Typical topics: international filing date, the 30/31-month national phase deadline, international search report, and the U.S. as receiving office. Chapter 1800 governs these.
Study tip
PCT questions follow patterns. The 30-month deadline and the international filing date requirements appear the most. Focus MPEP § 1810 and § 1820 areas.
Inter partes review (IPR), post-grant review (PGR), ex parte reexamination, supplemental examination, and reissue. These are relatively lower-frequency but the AIA post-grant proceedings (IPR in particular) have appeared more frequently in recent years.
Study tip
Know the threshold standards (IPR: 'reasonable likelihood'; PGR: 'more likely than not'), the timing windows, and the estoppel effects.
Read the last sentence first
The final sentence of each question usually contains the actual question being asked. Reading it first helps you know what to look for as you read the fact pattern.
Identify the MPEP chapter before searching
Before opening the MPEP search tool, decide which chapter governs the question. This narrows your search from 4,000+ pages to a few hundred. Chapters 700, 2100, and 600 cover most of the exam.
Eliminate answers with absolute language
Answers containing 'always,' 'never,' 'only,' or 'in all cases' are often wrong. Patent law has very few absolute rules — most have exceptions.
Trust the MPEP over general knowledge
If an answer feels right based on general legal knowledge but contradicts what the MPEP says, the MPEP wins. The exam is testing MPEP knowledge specifically, not legal reasoning in the abstract.
Flag and move — don't get stuck
With 3.6 minutes per question, spending 8 minutes on one question puts you behind for the rest of the session. Flag uncertain questions and return to them after completing the rest of the session.
Wysebridge's exam simulator replicates the Prometric interface with full timed AM/PM sessions.