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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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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
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
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
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