Patent Bar Exam Format (2026)

The USPTO Patent Bar is a computer-delivered multiple-choice examination completed in two separately timed sessions on the same day. Candidates answer 100 questions total: 50 in the first session and 50 in the second. Each session provides three hours of testing time.

Only 90 of the 100 questions are scored. The remaining 10 are unscored questions used by the USPTO for examination development, and candidates are not told which questions are unscored. To pass, a candidate must answer 63 of the 90 scored questions correctly.

This page focuses on exam mechanics. For detailed question types and answering strategy, see Patent Bar exam questions. For the broader exam overview, eligibility, costs, and application process, see the complete Patent Bar Exam guide.

Patent Bar Format at a Glance

Two Separate Three-Hour Sessions

The exam is divided into two 50-question sessions. Each session has its own three-hour time limit. Time from the first session does not carry into the second, so finishing early in one session does not create extra time later.

That means candidates effectively have an average of about 3.6 minutes per question within each session. In practice, some questions can be answered quickly while others require additional reading or reference lookup, so pacing has to be managed across all 50 questions in the active session.

This is one reason full-session simulation matters: knowing the law is only part of the task. Candidates also need to decide when to answer immediately, when to flag a question, and when a source lookup is worth the time.

How the 100 Questions Are Scored

The examination contains 100 questions, but only 90 contribute to the score. Ten questions are unscored. Candidates cannot identify the unscored questions during the test, so all 100 should be treated as potentially scored.

The USPTO passing standard is 63 correct answers out of the 90 scored questions, which is 70% of the scored set. That is not the same as 70 correct out of 100.

There is no benefit to leaving an answer blank. If you are uncertain after reasonable review, selecting the best available answer is preferable to leaving the item unanswered.

What Do Patent Bar Questions Look Like?

The exam uses multiple-choice questions with five answer choices. Many questions present a factual scenario involving an applicant, practitioner, examiner, filing, deadline, Office action, or USPTO procedure and ask which statement or action is correct.

The current exam is confidential, and the USPTO does not publish a fixed distribution of question types. For question styles, examples, and answering strategy, see Patent Bar exam questions, or work through released USPTO Patent Bar exams.

Reference Materials During the Exam

The Patent Bar is open-reference in the limited sense that candidates can use the electronic USPTO materials provided for the examination. The MPEP is the central reference, but the USPTO currently lists additional source materials as testable.

As of September 2026, the current source list includes MPEP Ninth Edition, Revision 01.2024, together with additional USPTO-listed examination materials. Check the current USPTO exam source materials before the exam because the Office may revise what is tested.

Personal notes, commercial outlines, course materials, and your own printed MPEP should not be assumed available in the testing room. Preparation should therefore include practice using the same type of electronic-source workflow you will rely on during the exam. For navigation strategy, see how to use the MPEP.

How Much Time Is Available for MPEP Lookup?

There is no separate lookup period. Any time spent searching reference material comes out of the same three-hour session clock used to answer the 50 questions.

That makes lookup strategy important. Candidates should be able to recognize many rules without research, know which MPEP chapter is likely to contain a rule, and use source lookup selectively when verification is worth the time.

A realistic practice session should therefore include the reference material rather than treating all questions as closed-book drills.

Breaks Between Sessions

The first and second three-hour sessions are separated by a scheduled break in the testing-day process. Follow the current Prometric and USPTO instructions for the exact break and re-entry procedure at your test center.

Do not rely on older prep-site language for test-center security, identification, biometric checks, or what can be accessed during a break. Those operational policies can change and should be verified in your current appointment confirmation and the Prometric testing rules.

Within an active timed session, leaving the workstation or taking an unscheduled break can affect available testing time, so understand the current center policy before exam day.

Can You Go Back to Earlier Questions?

The computer-based format allows candidates to work through the active session and review questions before submitting that session. A practical approach is to answer straightforward questions first, flag uncertain items, and use remaining time for targeted research and review.

Interface controls can change, so practice them through a current simulator or the official tutorial. For interface demonstrations, see the Patent Bar exam simulator.

What Happens at the End of Each Session?

Once a session is submitted or its time expires, that session is complete. Do not assume you can return to first-session questions during the second session.

Because each half is separately timed, pacing should be evaluated session by session. If you consistently run out of time in 50-question practice sets, correct that before relying on a full six-hour total.

How to Practice the Patent Bar Format

• Practice 50-question timed sets with a three-hour limit.
• Use electronic USPTO references during at least some timed practice.
• Track how much time is lost to difficult questions and lookup.
• Flag uncertain questions instead of allowing one problem to consume the session.
• Review both accuracy and pacing after each session.
• Complete full two-session simulations before exam day so six-hour endurance is not new.

To decide when to add timed sets and full simulations, see the Patent Bar study plan.

Practice the Format Before Test Day

Use the Wysebridge Patent Bar exam simulator to practice 50-question timed sessions, MPEP lookup, question review, and full-exam pacing. If you want to understand the content and structure of individual questions instead, go to Patent Bar exam questions.