Patent bar exam scoring: passing score, results, and what happens next

The USPTO registration examination has 100 multiple-choice questions, but only 90 are scored. The other 10 are unscored beta questions that are not identified on the exam. To pass, you must answer at least 63 of the 90 scored questions correctly. Because you cannot tell which questions are beta items, treat every question as if it counts.

How the exam is scored

Each scored question is worth one point and there is no penalty for guessing, so an unanswered question is simply a missed point. Always select an answer, even when you are uncertain. There is no separate passing threshold for the morning and afternoon sessions; the result is based on your combined performance across the scored questions.

When results are available

At the end of the exam you generally receive an unofficial result at the test center. The USPTO then issues the formal result notice, and that notice is the document that controls your next steps. Keep the unofficial result for your records, but follow the instructions in the official notice.

If you pass

Passing does not immediately make you a registered practitioner. After a passing result you must complete the USPTO's post-examination requirements: the Data Sheet and Oath or Affirmation described in your notice, the current $226 registration or limited-recognition grant fee, and the remaining moral-character and publication steps. OED grants registration and issues your registration number only after those steps are complete. Until then, describe yourself accurately as having passed the examination rather than as a registered patent agent or attorney.

If you do not pass

A failing notice includes performance information that helps you see where to focus. You can apply to retake the exam: under the USPTO's current temporary waiver, OED permits immediate reapplication, but your next eligibility window cannot begin sooner than 30 days after the failed attempt. Each new attempt requires the $226 USPTO examination fee and the $221 Prometric administration fee again. Check the USPTO's current retake guidance before you reapply, because the standard waiting periods return when the waiver ends.

Before retaking, identify whether the problem was substantive knowledge, MPEP navigation, timing, or question interpretation, then direct your practice toward those weaknesses and confirm your progress with full-length timed simulations.