University Resource
USPTO Patent Bar Exam
A comprehensive reference for students, advisors, and faculty covering eligibility, exam format, official source materials, and preparation guidance.
100
Questions
6 hours
Duration
Multiple Choice
Format
70%
Pass Score
Official Resources
Source Materials
USPTO OED Eligibility & Application
Official eligibility requirements and how to apply to sit for the exam.
Examination Source Materials (USPTO PDF)
Official USPTO list of source materials tested on the registration examination — including MPEP Ninth Edition, Revision 01.2024.
MPEP (Manual of Patent Examining Procedure)
The complete current MPEP — the primary reference tested on the exam.
Schedule at Prometric
Book, reschedule, or cancel your exam appointment — including blackout and closure dates.
OED Application Portal
Official USPTO registration page — apply, check status, and access OED enrollment resources.
37 C.F.R. Part 11 (Practitioner Rules)
Federal regulations governing registration and conduct of practitioners.
Scheduling
Exam Dates & Notices
Blackout / Closure Periods
- September 17, 2026 — September 22, 2026 — No examination administered — USPTO exam update transition period.
Upcoming Exam Changes
- Effective September 23, 2026: USPTO registration examination update takes effect. Both the current and updated examinations cover the subject matter identified in the official source materials, including the MPEP Ninth Edition, Revision 01.2024. Applicants should check source materials regularly for any revisions during their examination window. Source
History
Background
The USPTO Registration Examination — commonly called the "patent bar" — is the licensing exam required to practice patent law before the United States Patent and Trademark Office (USPTO). Practitioners who pass become either registered patent agents (non-lawyers) or registered patent attorneys (licensed lawyers), both authorized to represent inventors in all phases of patent prosecution.
The exam is authorized under 35 U.S.C. § 2(b)(2)(D) and governed by the USPTO's Office of Enrollment and Discipline (OED). Unlike the state bar examination, the patent bar is administered federally and tests a national body of knowledge focused exclusively on USPTO rules and procedures.
The exam transitioned to computer-based testing in 1997 and is now administered exclusively through Prometric test centers across the United States and internationally, as well as through secure online proctoring. Testing is available year-round, giving candidates flexibility in scheduling that is not available with annual state bar administrations.
The primary reference material is the Manual of Patent Examining Procedure (MPEP), a ~3,000-page USPTO reference that covers patent prosecution rules, case law, examination guidelines, and USPTO practice. The exam is open-book — candidates have access to a searchable digital version of the MPEP during testing — making familiarity and efficient navigation as important as memorization.
Format & Scoring
Exam Overview
Format
- Total questions100 multiple choice
- AM session50 questions, 3 hours
- PM session50 questions, 3 hours
- Open bookSearchable digital MPEP
- Question styleSingle best answer
- Passing score70/100 (70%)
Topics Tested
- Patent prosecution & examination procedures
- 35 U.S.C. (Patent Act) — America Invents Act (AIA)
- 37 C.F.R. Part 1 (USPTO rules of practice)
- MPEP chapters 100–2900
- PCT (Patent Cooperation Treaty) procedures
- Design and plant patent rules
- Reexamination and reissue proceedings
- Inter partes review (IPR) basics
Open-book caveat: While candidates may reference the MPEP during the exam, the 6-hour time limit and 100 questions leave minimal time per question. Efficient MPEP navigation — knowing which chapter addresses which topic — is itself a core exam skill and a primary focus of all serious preparation programs.
Eligibility
Qualifications
Candidates must meet both a technical education requirement and a good moral character standard. The USPTO OED evaluates applications individually. Always confirm current requirements with the OED directly.
Category A — Accredited Degree
A bachelor's degree or higher from an accredited U.S. institution (or equivalent) in a qualifying scientific or technical field recognized by the USPTO.
The USPTO maintains the complete list of qualifying degrees. Always verify with the OED before applying.
Category B — Equivalent Coursework
Demonstrable scientific and technical training equivalent to a qualifying degree, typically through accredited university coursework.
The OED evaluates equivalency on a case-by-case basis.
Category C — Practical Engineering Experience
Relevant practical engineering or scientific experience combined with formal training, evaluated individually by the OED.
Submit documentation of experience with your OED application for review.
Additional requirements: Candidates must also demonstrate good moral character (no disqualifying criminal history). U.S. citizenship is not required; however, non-U.S. persons are typically required to demonstrate that sitting for the exam is a necessity of their employment — a standard most commonly met through employer sponsorship or validation tied to visa status. The OED evaluates each non-citizen application individually.
Fees: The OED application fee is $118 (37 C.F.R. § 1.21(a)(1)(i)), paid to the USPTO upon applying for authorization to test. A separate Prometric exam administration fee of $226 (37 C.F.R. § 1.21(a)(1)(ii)(A)) is paid when scheduling the exam. Total out-of-pocket before sitting: approximately $344.
Study Guidance
Why Use a Patent Bar Review Program
Volume of material
The MPEP spans over 3,000 pages across 37 chapters. No candidate reads it cover-to-cover. Review programs identify high-yield chapters and build familiarity with the structure so candidates can locate answers quickly under time pressure.
Question precision
Patent bar questions test fine distinctions in statutory language and procedural rules. Knowing 'roughly what the rule says' is rarely sufficient — the exam tests the exact exception, the correct timeline, or the precise filing requirement.
Proven question bank
Released USPTO questions and high-fidelity practice questions simulate the real exam environment. Repeated exposure to the question style is consistently identified as the most effective preparation strategy by candidates who pass.
Structured curriculum
A well-designed program sequences topics from foundational rules through complex examination procedures, preventing candidates from spending disproportionate time on low-yield material or missing critical topics entirely.
Preparation Programs
Provider Comparison
Two established providers dominate the patent bar prep market. The comparison below reflects publicly available information.
Practising Law Institute (PLI)
Wysebridge Patent Bar Review
For Universities & Developers
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