How to become a patent agent

The five steps, in order

The sequence below follows the USPTO's Becoming a patent practitioner page and its registration examination page, both read on November 10, 2026. Fees and the exam format match those pages. Your own notice from OED controls dates and any special case.

1. 1. Confirm you can sit for the exam

   The General Requirements Bulletin is what OED uses. Category A is a listed bachelor's, master's, or Ph.D. Category B is another degree plus the technical coursework the bulletin spells out. Category C is practical engineering or scientific experience. An August 11, 2026 USPTO notice added biomedical science to the Category A list. Category D is a different registration, for design patent matters only. Only U.S. citizens and permanent residents can be registered; other applicants may be eligible for limited recognition. The bulletin also requires good moral character.

2. 2. Apply to the Office of Enrollment and Discipline

   Apply online in the Exam Applicant Portal or by mail with Form PTO-158. A standard application includes the $118 non-refundable application fee, the $226 registration examination fee, and the transcripts or other evidence the bulletin asks for. OED says a complete application typically takes four weeks or less to review. An incomplete application gets 60 days to supply what is missing. If OED disapproves the application, it refunds the $226 examination fee and keeps the $118 application fee.

3. 3. Schedule the exam at Prometric

   After admission, Prometric administers the computer exam and collects its own $221 administration fee. The USPTO's general application page describes a scheduling period of about 90 days. The registration examination page says OED is temporarily setting that window to 180 days until further notice, and that no separate request is required. The date on your notice of admission is the one that controls.

4. 4. Pass the registration examination

   The exam is 100 multiple-choice questions in two three-hour sessions. 90 are scored, and 63 correct among those scored questions is a pass. The MPEP and the other designated references are on the testing computer. We recommend about 150 hours of study; Wysebridge students study an average of 87 hours, and you can build a customizable study plan around your exam date. If you do not pass, the USPTO's current retake guidance says the next eligibility window starts no sooner than 30 days after the unsuccessful attempt.

5. 5. Finish registration before you practice

   A passing result is not registration. Within two years of the notice of results you submit the Data Sheet, an oath or affirmation, and the $226 registration fee. OED publishes the names of people seeking registration for a 45-day comment period and completes a moral-character review. The USPTO says the registration certificate and welcome letter generally arrive about three months after you pass, if that review is clear. You may not hold yourself out as a registered patent agent until OED gives final approval.