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Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office

The Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office (the patent bar exam) is the professional licensing examination that patent agents and patent attorneys must pass, together with scientific/technical and moral-character qualifications, to be registered to represent patent applicants before the USPTO. It is 100 five-choice multiple-choice questions (90 scored, 10 unscored beta items) delivered in two three-hour sessions at Prometric test centers, with an official pass rule of 70% of scored questions (63 of 90). It is administered year-round by applicant appointment through the USPTO's Office of Enrollment and Discipline after application approval; question content is based on the MPEP, Ninth Edition, Revision 01.2024, and related source materials (examination updated September 23, 2026).

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Questions100 multiple-choice questions (90 scored, 10 unscored beta questions)
Testing time6 hours total: two three-hour sessions (50 questions in a morning session, 50 in an afternoon session), with an optional one-hour lunch break between sessions
ScoringPass by correctly answering 70% of the scored questions (63 of 90)
Exam feeUSD 118 non-refundable USPTO application fee + USD 226 USPTO registration examination fee + USD 221 Prometric examination administration fee paid at scheduling (Prometric reschedule USD 0 if 31+ days out, USD 60 at 6-30 days, USD 221 at 0-5 days; USD 226 USPTO registration grant fee after passing; optional USD 300 Prometric review session for failing candidates)

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Who runs it
USPTO
Category
Bar & Legal Practice
Current version
No exam version code; current specification is based on the registration exam source materials including the Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 01.2024, with an updated examination effective September 23, 2026
Where it applies
United States — national
Exam languages
English
Testing provider
Prometric
Format
Computer-based at Prometric test centers (paper delivery discontinued)
Availability
By applicant appointment at Prometric test centers; the OED admission letter sets a scheduling window generally about 90 days from admission, temporarily extended to 180 days until further notice; no exam administered September 17-22, 2026 (blackout before the September 23, 2026 exam update)
Results
Unofficial results at the test center immediately upon completing the exam; official notice of results from the USPTO generally within 5 business days
Score validity
A passing applicant must complete registration (Data Sheet and Oath or Affirmation plus the USD 226 registration fee) within 2 years of the mailing of the notice of results, or must retake the examination
Remote testing
Not available

Exam structure

100 five-answer-choice multiple-choice questions in two sessions (50 in a three-hour morning session, 50 in a three-hour afternoon session), covering patent laws, rules, and procedures based on the MPEP and published USPTO policy; reference materials are available on the exam computer and no outside materials are permitted

Where rules vary

A single uniform federal examination for registration to practice in patent cases before the USPTO; passing confers a federal registration, not a state license, and is administered identically nationwide at commercial test centers

Eligibility

Must meet 37 CFR 11.7 before admission: scientific and technical training under Category A (technical degree), B (other degree plus qualifying coursework), or C (equivalent training) — Category D for the design-only patent bar; legal qualification (U.S. citizenship or permanent residency for registration; limited recognition available for qualifying nonimmigrant aliens); good moral character and reputation; OED must approve the application (review typically 4 weeks or less) and issue an admission letter before scheduling with Prometric

Retake policy

Unsuccessful applicants may reapply immediately upon notice of failure (new USD 118 application fee + USD 226 examination fee), but retake eligibility starts no sooner than 30 days after the last attempt; a 12-month waiver (until further notice) suspends the normal 37 CFR 11.7(b)(2) wait-period and fifth-attempt petition requirements