Is a Molecular and Cell Biology degree Category A?

The bulletin gives Molecular Cell Biology as an example of a degree that may be equivalent to Biology. OED decides from the transcript, so include course descriptions.

Can genes be patented?

Isolated, naturally occurring DNA is not patent-eligible (Association for Molecular Pathology v. Myriad Genetics, 2013). Synthetic sequences such as cDNA, and engineered constructs, can be.

Which USPTO Technology Center examines molecular biology patents?

Technology Center 1600 (Biotechnology and Organic Chemistry).

Patent bar eligibility by degree

Molecular Biology and the Patent Bar

Molecular Biology is a Category A subject in the USPTO General Requirements Bulletin, and Genetics and Genetic Engineering have been listed since 2021. A bachelor's, master's or Ph.D. in any of them qualifies you to apply for the patent bar.

Check your eligibility Full eligibility guide

At a glance

USPTO category: Category A
Listed subjects: Molecular Biology, Genetics, Genetic Engineering
Degree levels: Bachelor's, master's or Ph.D.
Main Technology Centers: TC 1600

Checked against the August 2026 bulletin

Eligibility

Does a Molecular Biology degree qualify?

Yes. The USPTO General Requirements Bulletin (August 2026 edition) lists Molecular Biology, Genetics, Genetic Engineering in Category A, the degree-based route to the registration exam. An applicant with a bachelor's, master's or Doctor of Philosophy degree in a listed subject from an accredited U.S. college or university, or the foreign equivalent, meets the scientific and technical requirement without a course-by-course review.

The bulletin uses Molecular Cell Biology as its example of a degree that may be equivalent to Biology, so a "Molecular and Cell Biology" title is likely to be reviewed for equivalence rather than accepted on its name.

Your OED application

Exactly what to submit

An official transcript from the college or university that shows the degree was awarded. A transcript issued to you is accepted if it carries the school's stamp or seal.
Not a diploma or a letter. A diploma, a copy of a transcript or a registrar's letter naming your degree does not meet the requirement.
Course descriptions if the title isn't an exact match. If your degree title differs from the listed subject, OED checks equivalence; the OED FAQ suggests sending course descriptions with the first application to avoid delay.
Foreign degrees: objective evidence of U.S. equivalence, such as an evaluation from a foreign-credential evaluation service, alongside the transcript.

The rest of the application (forms, fees and the moral-character questions) is covered step by step in the OED application guide.

Practice

Patent work for molecular biology graduates

Registered practitioners usually draft and prosecute applications in the technology they trained in. In this field that means work such as:

Technology area	Example inventions
Gene editing	CRISPR systems, guide RNA designs, base editors.
Nucleic acid diagnostics	Sequencing methods, hybridization probes, liquid biopsy.
Recombinant proteins	Expression vectors, engineered enzymes.
Gene and cell therapy	Viral vectors, CAR-T constructs, mRNA therapeutics.
Synthetic biology	Genetic circuits, engineered metabolic pathways.

USPTO

Which Technology Centers examine this work

The USPTO routes each application to one of its Technology Centers by its classification. For molecular biology subject matter, these are the ones you will deal with most:

Technology Center	Why it applies
TC 1600 Biotechnology and Organic Chemistry	Biotechnology, including nucleic acids, proteins and gene therapy.

Routing follows each application's classification, so a single application can land outside these centers.

Patent law

Sequence listings and gene patents

Applications filed on or after July 1, 2022 that disclose nucleotide or amino acid sequences need a sequence listing in WIPO Standard ST.26 format (37 CFR 1.831–1.835; MPEP 2412). Since Myriad (2013), isolated naturally occurring DNA is not eligible, while synthetic cDNA can be.

The registration exam itself tests patent law and USPTO procedure from the MPEP, not your technical field. See the patent bar exam overview for format and scoring.

Other routes

If your degree title differs

Category A is matched on the subject your transcript names. Titles close to molecular biology are handled like this:

Molecular and Cell Biology: Reviewed for equivalence (the bulletin's own example). Include course descriptions.
Biotechnology: Not printed in the bulletin. OED decides equivalence, or Category B Option 2 applies.
Genomics or Bioinformatics: Not listed. OED evaluates; Category B review is likely.

If you don't qualify under Category A, Category B counts science and engineering coursework (courses for science or engineering majors, grade C- or better):

Option 1: 24 semester hours in physics (physics courses for physics majors).
Option 2: 32 semester hours: 8 in chemistry or physics plus 24 in biology, botany, microbiology or molecular biology.
Option 3: 30 semester hours in chemistry (chemistry courses for chemistry majors).
Option 4: 40 semester hours: 8 in chemistry or physics plus 32 in other listed science and engineering subjects.

Category C is for applicants with a bachelor's degree who pass the Fundamentals of Engineering (FE) exam. Run your transcript through Do I Qualify? for a quick check, then read the full eligibility guide.

FAQ