Bar Exam Success Guide

The Patent Bar is the examination required to practice before the United States Patent and Trademark Office (USPTO) as a patent attorney or patent agent. The General Requirement Bulletin for Admission to the Patent Bar lists the necessary requirements to register for and pass this examination.

An important thing to note is that a law degree is not required before taking the Patent Bar nor is it required to be a patent practitioner. Those who pass the Patent Bar without a law degree become a registered Patent Agent. Patent Agents can represent clients before the patent office, but only Patent Attorneys (individuals who have passed the Patent Bar and who have a law degree) may represent clients in contracts and licensing or in court, arbitration, or other adversarial proceedings. Thus, if you are interested in taking the Patent Bar, you can do so at any point; you do not have to wait until after you graduate law school.

The Patent Bar is offered year-round via computer at test centers across the country and on a date and time chosen by the applicant. There is no paper examination offered. Applicants who take the computer-delivered examination will receive an unofficial result at the end of the examination on the computer on which they take the examination.

• 100 multiple choice questions administered over two three-hour sessions
  • 50 questions each in separate morning/afternoon sessions
  • 10 of the questions are unscored beta questions
• To pass the examination, you must correctly answer 63 of the 90 scored questions (70% accuracy on the scored questions).

1. Application submitted through the Applicant Portal
2. Degree Requirements (to show necessary scientific/technical qualifications)
   • Bachelor’s Degree, Master’s Degree, or Doctor of Philosophy Degree in a recognized technical subject, or
   • Bachelor’s Degree, Master’s Degree, or Doctor of Philosophy Degree in another subject AND one of the following:
     • 24 semester hours in physics (physics courses for physics majors)
     • 32 semester hours in a combination consisting of:
       • 8 semester hours in a combination of chemistry and physics with at least one course including a lab and
       • 24 semester hours in biology, botany, microbiology, or molecular biology
         • Only courses for science or engineering majors will be accepted
     • 30 semester hours in chemistry (chemistry courses for chemistry majors)
     • 40 semester hours in a combination consisting of the following
       • 8 semester hours in a combination of chemistry, physics, and/or biology, with at least one course including a lab and
       • 32 hours of chemistry, physics, biology, botany, microbiology, molecular biology, or engineering
         • Only courses for science/engineering majors accepted
   • **Note: Other specified education experience may be accepted — see the General Requirements Bulletin for more specific details.**
3. Application Fee
   • Non-refundable application fee — $110
   • Application fee for moral character issues – $1680
4. Registration Examination Fee
   • $210
   • Refundable if your application is not approved.
   • Note: There may be an additional examination fee for the testing center itself.
      

Just like with the standard Bar Exam, studying for the patent bar can be done in a variety of ways. You can purchase a prep program, use free materials online, or use the materials located in our library. The examination covers the subject matter designated in the source materials, including the Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 07.2022, Published February 2023. You should regularly check the source materials to verify the subject matter that may be tested, as the materials may be revised from time to time, including during your examination window.