General Requirements BulletinGeneral Information on the Patent Bar
In order to be registered to practice before the USPTO, an individual must establish to the satisfaction of the Director that he or she is of good moral character and repute, possesses the legal, scientific, and technical qualifications necessary to enable him or her to render applicants for patents valuable service, and is otherwise competent to advise and assist applicants for patents in the presentation and prosecution of their applications before the office. Each applicant must also take and pass the Patent Bar Exam.
The exam requirement may be waived in the case of any individual who has actively served for at least four years in the patent examining corps of the Office.
Requirements for Admission to the Examination
A JD is not required to sit for the Patent Bar Exam.
There are two types of patent practitioners recognized by the Patent and Trademark Office: patent attorneys and patent agents.
A patent attorney is any attorney who fulfills the exam and education requirements of the USPTO.
A patent agent is anyone who is not an attorney and fulfills the exam and education requirements of the USPTO.
If you sit for the exam prior to passing a state bar exam, you will be a patent agent; upon passing a state bar exam, you can transfer your registration and become a patent attorney.
Content of the Exam
The Patent Bar Exam is a 100 question multiple choice exam, with each question having five possible answer choices. The exam is a one day exam and is administered in two three-hour sessions of 50 questions each, one in the morning and one in the afternoon.
The exam tests applicants’ knowledge of patent law, U.S. Patent and Trademark Office rules, practice, and procedure, and claim drafting. The exam also tests applicants’ ability to properly draft claims, analyze factual situations, and apply the patent laws and USPTO rules, practice, and procedure, and the standards of ethical and professional conduct applicable to registered patent attorneys and agents.
Applicants should be familiar with the patent statutes (Title 35 United States Code), the U.S. Patent and Trademark Office rules of practice (parts 1 and 10 of Title 37 of the Code of Federal Regulations), procedure and policy set forth in the Manual of Patent Examining Procedure (MPEP), and the consolidated listing of notices in the Official Gazette.
Applicants receive a single score for the exam. To pass, applicants must take both sessions and receive a combined score of 70% or better. There is no scaling or curve, and there is no penalty for guessing. The applicant will receive only one score and all material will be tested throughout the entire examination.
Current Patent Bar Information
The Patent Bar Exam is offered every business day in over 460 locations throughout the United States. There is no filing deadline for submitting the application as applications are processed throughout the year. Applicants granted admission to the examination will receive an admission letter with instructions to contact Thomson Prometric within 90 days to coordinate a date and location for administration of the exam.
General Requirements Bulletin and Application
© 2005 BAR/BRI Patent Bar Review