Patent Bar

Overview

The Patent Bar is the common name for the USPTO registration examination. Passing it, together with meeting the USPTO's other requirements, lets a person be registered to represent inventors in patent matters before the United States Patent and Trademark Office. The Office of Enrollment and Discipline (OED) runs the process. The exam is computer-delivered at commercial test centres, year-round, on a date and time the applicant chooses within their exam window. The USPTO no longer offers a paper exam.

Who can apply

Applicants must meet 37 CFR 11.7, which covers legal, scientific and technical qualifications as well as good moral character and reputation. The scientific and technical requirement is shown through one of four categories in the General Requirements Bulletin.

• Category A: an accredited US degree (or a foreign equivalent) at bachelor's, master's or doctoral level in a listed subject, such as a branch of engineering, physics, chemistry, biology, biochemistry or computer science. A computer science degree counts only if it is a bachelor of science from an accredited institution. An official transcript is required; a diploma or a copy is not accepted.

• Category B: a degree in another subject, where the applicant shows training equivalent to a Category A degree through relevant coursework.

• Category C: practical engineering or scientific experience, shown by passing the Fundamentals of Engineering test run by a state board, along with an official transcript showing a bachelor's degree.

• Category D: design patent practice only, for a degree in a recognised design subject such as architecture, industrial design, graphic design, product design or fine arts. Passing leads to registration for design patent matters only.

Citizenship matters. Only US citizens and permanent residents can be registered as patent practitioners in full. Other applicants who live in the US and are authorised to work or train there for a specific employer may apply for limited recognition instead. The exam is not given to non-US residents, apart from the reciprocity arrangement for Canada described in the Bulletin.

Exam pattern

The beta questions are not identified to candidates and do not count towards the result.

Syllabus

The exam tests patent law and USPTO practice as set out in the USPTO's published source materials, including the Manual of Patent Examining Procedure (MPEP). The USPTO says the exam was updated on 23 September 2026 and now covers the MPEP, Ninth Edition, Revision 01.2024. Check the source materials on the USPTO site regularly, because they can change during your exam window.

Marking and results

To pass, a candidate must answer 63 of the 90 scored questions correctly, which is 70 percent. Candidates who take both sessions in a single day usually see an unofficial result on screen at the end: those who pass are told only that they passed, and those who fail see their percentage. OED sends the official result, generally within 5 business days according to the USPTO. Candidates who sit the exam over two days get no unofficial result.

Fees

Fees on the USPTO page in 2026, in US dollars:

How to apply

1. Apply online through the OED exam applicant portal, or send the PTO 158 form, with the application fee, the examination fee and proof of your scientific and technical qualifications.

2. OED usually reviews the application in 4 weeks or less. If it is complete and qualifies, you receive a notice of admission.

3. The notice sets a window to schedule and take the exam. This is normally about 90 days, but the USPTO has temporarily set the window to 180 days until further notice. Extensions are available for a fee.

4. Schedule the exam with Prometric and pay its administration fee at that time.

If the application is incomplete, OED gives 60 days to supply what is missing.

After the exam

If you pass, you complete the Data Sheet and Oath or Affirmation forms and send them to OED with the $226 registration fee within 2 years of the results notice, or you must retake the exam. Registration also depends on a moral character review. OED publishes the names of people who have passed so the public can comment, with a 45-day comment period. Certificates generally arrive about 3 months after passing. Attorneys who submit a certificate of good standing from the highest court of a state, issued within the past six months, are registered as patent attorneys; others are registered as patent agents. Until OED gives final approval, you may not describe yourself as a registered practitioner.

If you do not pass, you are told your score and may book a 2.5-hour review session with Prometric within 60 days of the results notice. You can review only the scored questions you got wrong. You may reapply by submitting the form and fees; supporting documents already on file need not be sent again unless something has changed. The USPTO has temporarily waived the usual wait between attempts and the five-attempt limit, and under the waiver your next exam window starts no sooner than 30 days after an unsuccessful attempt. Once the waiver ends, the standard wait period and a petition for any sixth or later attempt apply.

Pass rates

USPTO figures show the following results by fiscal year.

Preparation tips

• Read the USPTO's source materials and use the official computer-delivered exam tutorial so the interface is familiar.

• Practise using the MPEP on screen, since the reference materials are on the exam computer and time is limited to three hours per session.

• Do not share exam content. Every candidate signs a non-disclosure agreement, and breaching it can count against good moral character.