Patent Bar Exam Format (2026)
Related Resource: Complete Patent Bar Exam Guide
Key Takeaways
- The Patent Bar consists of 100 multiple-choice questions administered over a 6-hour period
- You need 70% (63 out of 90 scored questions answered correctly) to pass the exam
- Questions are randomly distributed across all MPEP chapters with no fixed allocation
- The exam is computer-based and administered at Prometric testing centers nationwide
- You can use a digital version of the MPEP and CFR during the exam
- There is one 60 minute break scheduled between the AM and PM sessions. You can take unofficial breaks that count against your time
- Results are typically available within 2-3 business days after your exam
What Is the Patent Bar Exam Format?
The USPTO Registration Examination (Patent Bar) is a computer-based, closed-book exam consisting of 100 multiple-choice questions that test your knowledge of patent law, USPTO procedures, and the Manual of Patent Examining Procedure (MPEP). You have six hours to complete all questions, and you must score at least 70% to pass and become a registered patent practitioner.
Exam Structure and Timing
Total Duration and Question Count
The Patent Bar exam provides candidates with 6 hours of testing time to answer 100 multiple-choice questions. Unlike many standardized exams, there are no separately timed sections—you have complete control over how you allocate your time across all questions.
Most successful candidates spend approximately 3-4 minutes per question, which allows time for:
- Reading the question carefully
- Searching the MPEP for relevant information
- Reviewing answer choices
- Double-checking your selection
Break Policy
The USPTO provides 1 60 minute scheduled break during the Patent Bar exam, breaking it into 2-3 hour exam sessions. However, you may take unofficial breaks at any time during your 6-hour testing window. Important considerations:
- Breaks count against your total time (the clock does not stop)
- Restroom breaks are permitted but monitored by testing center staff
Computer-Based Testing Environment
The exam is administered exclusively through Prometric testing centers using their computer-based testing platform. What to expect:
- Standard desktop computer with mouse and keyboard
- Digital MPEP and CFR accessible throughout the exam
- Scratch paper and pencils provided by the testing center
- Quiet, proctored environment with security cameras
Question Format and Types
Multiple-Choice Question Structure
Every question on the Patent Bar follows the same basic format:
Stem: A scenario or direct question (typically 3-8 sentences)
Answer Choices: Five options labeled (A) through (E)
Single Correct Answer: Only one choice is fully correct per USPTO rules
Questions generally fall into three categories:
1. Scenario-Based Questions (70-75% of exam)
These present a hypothetical situation involving a patent practitioner, applicant, or USPTO procedure. Example structure:
“An applicant filed a utility patent application on March 15, 2025. The application contained claims 1-10. On August 3, 2025, the examiner issued a restriction requirement identifying two distinct inventions. The applicant filed an election without traverse on September 1, 2025. What is the latest date the applicant can file a divisional application for the non-elected invention?”
2. Direct Knowledge Questions (15-20% of exam)
These test straightforward recall of MPEP rules or procedures:
“What is the maximum number of independent claims allowed in a utility patent application before excess claims fees apply?”
3. “LEAST/MOST” or Exception Questions (5-10% of exam)
These require identifying exceptions or comparing options:
“Which of the following is LEAST likely to be considered statutory subject matter under 35 U.S.C. 101?”
Question Difficulty Distribution
The USPTO does not publicly disclose the difficulty distribution, but candidates consistently report:
- 40-50 questions: Straightforward if you know where to look in the MPEP
- 30-40 questions: Moderate difficulty requiring careful MPEP searching
- 10-20 questions: Complex scenarios requiring synthesis of multiple MPEP sections
- 5-10 questions: Particularly tricky or involve obscure MPEP sections
Content Distribution Across MPEP Chapters
No Fixed Question Allocation
The current exam does not guarantee a specific number of questions from each MPEP chapter. The USPTO randomly generates exams from a large question bank, meaning:
- Two candidates taking the exam on the same day receive completely different questions
- One exam might have 15 questions on office actions; another might have 8
- You cannot predict which topics will appear most frequently
High-Frequency Topic Areas
While distribution varies, certain MPEP chapters consistently generate more questions based on their importance to patent practice:
MPEP 700 (Examination of Applications)
- Office action requirements and responses
- Restriction and election practice
- Rejections under 35 U.S.C. 101, 102, 103, 112
- Amendments and reply procedures
MPEP 2100 (Patentability)
- Prior art and novelty
- Obviousness determinations
- Written description and enablement
- Claim interpretation
MPEP 1200-1400 (Appeal, Post-Allowance, Amendments)
- Appeal procedures and PTAB practice
- Issue fee payments and publication
- Certificates of correction
- Reissue and reexamination
MPEP 600 (Parts, Form, and Content)
- Application components and formatting
- Specification requirements
- Drawing standards
- Claim drafting rules
MPEP 2000, 2200, 2300 (PCT, Double Patenting, Interferences)
MPEP 300, 400, 500 (Fees, Representatives, Filing Dates)
Passing Score Requirements
The 70% Threshold
To pass the Patent Bar exam, you must correctly answer at least 63 out of 90 actual scored questions. This means:
- Minimum passing score: 63 scored correct answers (70%)
- No partial credit: Each question is either right or wrong
- No scaled scoring: Unlike the bar exam, raw score = final score
- Same standard for everyone: No curve or adjustment based on difficulty
What Your Score Means
- 63 or more of the scored questions: Pass
- Below 63 of the scored: Fail
The USPTO only reports pass/fail status on your official results. You will not receive your exact numerical score or a breakdown of performance by topic area.
Reference Materials Available During the Exam
Digital MPEP Access
You have full access to the MPEP in digital format throughout the exam via one of your dual monitors. The interface includes:
- Search functionality (keyword, section number, or table of contents)
- Hyperlinked cross-references within the MPEP
- Full text of all chapters (9th Edition, current revision)
Critical limitation: The search function is basic and sometimes inconsistent. Many candidates report that exact phrase searching works better than keyword searching.
Code of Federal Regulations (CFR) Access
You also have access to Title 37 CFR (Patent Rules) in digital format, which includes:
- All USPTO patent rules and regulations
- Practice-related requirements not fully detailed in MPEP
- Forms and fee schedules
What You CANNOT Access
- Internet or external websites: No access beyond MPEP/CFR
- Personal notes or outlines: Nothing you created before the exam
- Commercial study materials: No PLI, Wysebridge, or other prep courses
- Physical books: No printed MPEP or reference guides
- Previous test questions or answers
Test Day Logistics
Arrival and Check-In (Plan for 30 minutes before exam time)
- Arrive 30 minutes early for check-in procedures
- Bring two forms of ID (one government-issued photo ID)
- No personal items allowed in testing room (locked storage provided)
- Biometric signature and palm vein scan required
- Testing center provides: scratch paper, pencils, earplugs if requested
Prohibited Items
You cannot bring into the testing room:
- Cell phones or smart watches
- Bags, backpacks, or purses
- Food or drinks (including water)
- Hats or jackets (unless approved as religious/medical accommodation)
- Any study materials or notes
What Happens During the Exam
- Tutorial (15 minutes, optional): Computer-based testing interface explanation
- Exam timer starts: Full 3 hours begins counting down
- Questions appear one at a time: You can navigate forward/backward freely
- Flag questions for review: Mark difficult questions to revisit
- Submit exam: Review flagged questions, then submit when ready
After You Submit
- You cannot retrieve your exam once submitted
- Your test is immediately sent to USPTO for scoring
- You receive a preliminary pass/fail on-screen (unofficial)
- Official results arrive in a few weeks.
Common Mistakes
Spending too much time searching for the “perfect” MPEP citation. Many questions can be answered with reasonable MPEP knowledge even if you don’t find the exact section. If you’ve spent more than a few minutes on one question, make your best educated guess and move on.
Not practicing with the digital MPEP interface before exam day. The Prometric testing center’s MPEP viewer is different from the PDF or web version you study with. Familiarize yourself with its search limitations and navigation style using the USPTO’s practice exam software.
Skipping the tutorial to “save time.” Those 15 minutes don’t count against your 3-hour exam time. Use that time to make a Wysebridge Answer Sheet Template Guide to track your logic, and have a paper copy of your answers to check against the software.
Forgetting to eat breakfast or bring approved snacks. While you can’t bring food into the testing room, you can store snacks in your locker and access them during the midway break. Six hours is a long time without fuel.
Second-guessing too many answers during review. Research shows your first instinct is usually correct unless you find a clear MPEP citation that contradicts your initial answer. Don’t change answers based on anxiety.
Frequently Asked Questions
Can I bring my own printed copy of the MPEP to the exam?
No. Only the digital MPEP and CFR provided by the testing center are permitted. No physical books, printed materials, or personal notes are allowed in the testing room.
Are the 100 questions all weighted equally?
Yes. Each question is worth exactly 1 point, regardless of difficulty. There are no sections with different point values. However, 10 questions on every exam are not scored, which means only 90 questions are actually scored, meaning you must get 63 out of 90 right to pass.
Can I go back and change answers to previous questions?
Yes. You can navigate freely between all 100 questions throughout your 6-hour testing window. Many candidates flag difficult questions and return to them after completing easier ones.
What happens if I run out of time before answering all questions?
Any unanswered questions are automatically marked as incorrect. The exam will auto-submit when your 6 hours expire. Budget approximately 3.5 minutes per question to ensure you attempt all 100.
Is there a penalty for guessing?
No. Wrong answers are simply counted as incorrect with no additional penalty. Never leave a question blank—always select your best guess even if you’re unsure.
How often does the USPTO update the exam content?
The USPTO updates the exam question occasionally. Always check which MPEP edition your exam will be based on when you register.
Can I take the exam remotely from home?
No. The Patent Bar must be taken at an authorized Prometric testing center. Remote proctoring is not currently available for the USPTO Registration Examination.
What if I experience technical difficulties during the exam?
Notify the testing center proctor immediately. They can pause your exam timer while technical issues are resolved. All incidents are documented and reported to the USPTO.
Do I need to memorize MPEP section numbers?
Not necessarily, but knowing the general location of key topics (which chapter covers what) significantly speeds up your searching. Memorizing 15-20 critical section numbers (like 706, 2141, 1.53) can be helpful.
How similar is the actual exam to practice exams?
Practice exams from the USPTO (when available) closely mirror the actual exam’s format and difficulty.
Ready to Pass on Your First Attempt?
The Patent Bar exam format is challenging but completely manageable with the right preparation strategy. Understanding the structure, timing, and question types is your first step toward registration as a patent practitioner.
Get comprehensive Patent Bar prep: Visit our Patent Bar Exam preparation course for practice questions, MPEP navigation training, and proven strategies from candidates who passed on their first attempt.
Continue Learning:
