Patent Bar Review USPTO Exam Information

What is the USPTO Registration Exam?

In order to practice before the USPTO in patent matters, you must be a “registered patent agent”. All individuals seeking registration must meet the requirements of 37 CFR §11.7, including the possession of legal, scientific and technical qualifications, and good moral character and reputation. Instructions for demonstrating possession of the necessary qualifications can be found in the General Requirements Bulletin.   The possession of legal qualifications is ascertained by passing the Registration Exam.  For more information, please see the General Requirements Bulletin.

Am I eligible to take the USPTO Exam if I do not have a technical degree?

An applicant applying for the examination must demonstrate to the Director of the Office of Enrollment and Discipline (OED) that he or she possesses the scientific and technical training necessary to provide valuable service to patent applicants. Applicant bears the burden of showing the requisite scientific and technical training. To be admitted to the examination, each applicant must demonstrate possession of the required scientific and technical training.

A. CATEGORY A: Bachelor’s Degree in a Recognized Technical Subject. An applicant will be considered to have established to the satisfaction of the OED Director that he or she possesses the necessary scientific and technical training if he or she provides an official transcript showing that a Bachelor’s degree was awarded in one of the following subjects by an accredited United States college or university, or that the equivalent to a Bachelor’s degree was awarded by a foreign university in one of the following subjects:

Biology
Biochemistry
Botany
Computer Science*
Electronics Technology
Food Technology
General Chemistry
Marine Technology
Microbiology
Molecular Biology
Organic Chemistry
Pharmacology
Physics
Textile Technology
Aeronautical Engineering
Agricultural Engineering
Biomedical Engineering
Ceramic Engineering
Chemical Engineering
Civil Engineering
Computer Engineering
Electrical Engineering
Electrochemical Engineering
Engineering Physics
General Engineering
Geological Engineering
Industrial Engineering
Mechanical Engineering
Metallurgical Engineering
Mining Engineering
Nuclear Engineering
Petroleum Engineering

For more information about the technical requirements for taking the USPTO Registration Exam, please see the General Requirements Bulletin.

Am I eligible to take the USPTO Exam if I am not a United States citizen?

An applicant who is not a United States citizen and does not reside in the U.S. is not eligible for registration except as permitted by 37 CFR § 11.6(c).

Presently, the Canadian Intellectual Property Office is the only patent office recognized as allowing substantially reciprocal privileges to those admitted to practice before the USPTO. The registration examination is not administered to aliens who do not reside in the United States.

When do they update the exam?

The USPTO exam was updated on December 16, 2016.  Please refer to the Source Materials document for information currently being tested upon in the USPTO Exam.

The exam includes:

Ninth Edition, Revision 07.2015, of the MPEP, which the USPTO released on October 29, 2015. For a listing of the revised sections of the MPEP, see the Change Summary document.

The changes are related to the following developments:

• Subject Matter Eligibility Guidance and Training Materials

In addition to the March 16, 2016 updates:

• Patent Law Treaties Implementation Act of 2012 (PLTIA)
• Public Law 112-211, 126 Stat. 1527 (effective December 18, 2012)
• Hague Agreement Concerning International Registration of Industrial Designs from Title I of the PLTIA (effective May 13, 2015)
• Patent Law Treaty (PLT) Implementation from Title II of the PLTIA (effective December 18, 2013)
• Implementation of the Cooperative Patent Classification (CPC) system, a system jointly developed by the USPTO and the European Patent Office.
• Recent rule changes and court decisions concerning patent term adjustment (PTA).

Since we regularly communicate with the USPTO and update our course several times each year, our materials and simulated exam questions have included this information for quite some time. If you have purchased our course, there is no need for you to change your study or exam plans since the exam continues to cover material included in the exam materials.

What is covered in the exam?

The USPTO Exam was updated on December 16, 2016.  Please refer to the Source Materials document for information currently being tested upon in the USPTO Exam.

The exam includes:

Ninth Edition, Revision 07.2015, of the MPEP, which the USPTO released on October 29, 2015. For a listing of the revised sections of the MPEP, see the Change Summary document.

The changes are related to the following developments:

• Subject Matter Eligibility Guidance and Training Materials

In addition to the March 16, 2016 updates:

• Patent Law Treaties Implementation Act of 2012 (PLTIA)
• Public Law 112-211, 126 Stat. 1527 (effective December 18, 2012)
• Hague Agreement Concerning International Registration of Industrial Designs from Title I of the PLTIA (effective May 13, 2015)
• Patent Law Treaty (PLT) Implementation from Title II of the PLTIA (effective December 18, 2013)
• Implementation of the Cooperative Patent Classification (CPC) system, a system jointly developed by the USPTO and the European Patent Office.
• Recent rule changes and court decisions concerning patent term adjustment (PTA).

Since we regularly communicate with the USPTO and update our course several times each year, our materials and simulated exam questions have included this information for quite some time. If you have purchased our course, there is no need for you to change your study or exam plans since the exam continues to cover material included in the exam materials.

 

 

 

 

 

 

 

 

When should I apply for the exam

Deciding when to apply is a function of (a) how far you have advanced in your exam preparation schedule; and (b) how long the USPTO’s Office of Enrollment & Discipline (“OED”) will take in processing your application to sit for the exam. Many aspects of your educational, technical, or residency background can affect the speed with which OED is able to process your application.

Once OED approves your application, you must take the examination, if it is computer-based, within 90 days. Details are available at the OED website.   The exam application can also be found here.

A paper examination is administered annually at the USPTO in Alexandria, VA, typically in July. Consult the OED website for details.

PRG recommends studying the materials in the same format in which you plan to take the exam, i.e., computer-based exam takers should use the MPEP and Q&As that are a part of ExamWare™.

Further Information: If additional information is needed, please contact Patent Resources Group, Inc., 2318 Mill Road, 12th Floor, Alexandria, VA 22314. Email: registrar@patentresources.com. Telephone inquiries may be directed to (703) 682-4860.

If I fail, can I review my Registration Examination?

Registration Examination Applicants Review Sessions

Beginning on or about June 04, 2014, those applicants who failed their registration examination will be able to schedule a review session through Prometric at a location selected by the applicant for a fee of $195. Reviews must take place within 65 days after the date of the examination. Applicants will review only those scored questions they answered incorrectly (37 CFR 11.7(e)). Complete instructions for scheduling these review sessions will be provided with the result letters.

http://www.uspto.gov/ip/boards/oed/index.jsp