Patent Bar Exam

Law students who pass the registration exam and become admitted as patent agents before admission to the bar are allowed to change registration to patent attorney upon supplying the USPTO with proof of admission to a state or territorial bar. Degrees in the philosophical arts or the social sciences (such as sociology) are not sufficient by themselves to meet the technical training requirement. However, the scientific and technical training requirement can be fulfilled by submitting proof of 40 semester hours of undergraduate courses in the above fields, 8 of which must consist of either two consecutive semesters of physics for scientists and engineers with laboratory or two consecutive semesters of general chemistry with laboratory. All 40 semester hours can be completed at community colleges and do not have to result in any bachelor of science degree.

The USPTO additionally provides a waiver for individuals that have served as patent examiners for a number of years, allowing them to register to practice before the USPTO without having to take the examination.

The exam contains 10 performance questions which do not count towards the exam taker's final score. The required score to pass is 70%, or 63 correct out of the 90 graded questions. Statistics from examinations administered from June 9, 2005 through October 17, 2006 show that 58.2% of the 4,165 candidates passed the exam [Based on MPEP 8th Edition, Revision 2]. The examination is frequently referred to as the patent bar, but it is not necessary to have a law degree or to have even taken a law course to sit for the exam.

In order to be registered as a patent agent or patent attorney in the United States, one must pass the United States Patent and Trademark Office registration examination. This is a 100-question, six hour, multiple-choice test. The test is divided into morning and afternoon sections.

Non-U.S. citizens wishing to practice before the USPTO may also register by meeting the same requirements if the individual is registered to practice before the patent office in their country of residence. Such registration is granted for the limited purpose of representing patent applicants from the individual's country of residence before the USPTO. The USPTO requires that all candidates for registration have scientific and technical training sufficient to provide valuable service to clients.

This requirement is typically met with a bachelor's degree in a field of natural science or technology. These fields include biology, chemistry, computer science, engineering, and physics. The technical training requirement can also be satisfied by passing the Fundamentals of Engineering exam or by demonstrating sufficient science coursework or applicable life experience.