USPTO Application
Official
USPTO Application Process Overview
USPTO General Requirements Bulletin and Exam Application
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Source Materials for Exam BEGINNING OCTOBER 13, 2020
1. Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 08.2017, Last
Revised January 2018;
2. Inter Partes, Post Grant, and Covered Business Method Review Final Rules;
3. Derivation Proceeding Final Rules;
4. Changes to Representation of Others Before the USPTO Final Rules;
5. Implementation of the Global and IP5 Patent Prosecution Highway (PPH) Pilot Programs
with Participating Offices;
6. Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings
Before the Patent Trial and Appeal Board Final Rules; and
7. Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
The Patent Bar Exam Format
Although computer-delivered examinations continue to include 100 multiple choice questions, only ninety of the
questions will be scored. Accordingly, to pass the examination a candidate must
correctly answer seventy percent (sixty-three) of the ninety scored questions.
Each of the scored questions has been used on previous examinations forms and
had been psychometrically analyzed to accurately assess a candidate's legal qualifications.
Ten of the questions on the computer-delivered examination and the paper-based
examination will be undergoing beta testing. The ten beta test questions will
be distributed throughout the examination. The ten beta test questions will not
be identified and will not be scored. These questions will be psychometrically
analyzed to assess if the questions are too simple, too complex, or too ambiguous
to serve as an adequate basis for measuring candidates' legal qualifications.
Accordingly, these questions will not be included in the scoring of a candidate's
examination or in determining whether a candidate has passed or failed an examination.
Beta test questions will not be available for review, for example, by candidates
who do not pass the examination.
Beta test questions which are found
to accurately measure candidates' legal qualifications will be introduced into
future examination forms and scored. The future examination forms will include
different beta test questions. In this manner, the Office will continue to beta
test new questions in the registration examination to identify questions capable
of measuring candidates' legal qualifications and add those questions to the data
bank of questions that can be used and scored in the registration examination.
The MPEP
All of the questions on the exam
will come from the most current edition of the Manual of Patent Examining
Procedure (MPEP). Portions of the MPEP superceded by changes or obsolete will
not be tested on the exam. The testing facility will provide you with an online,
searchable version of the MPEP. That will be the only reference material you are
allowed to use during the test. You may no longer bring in any of your own materials
to the exam. They will also supply you with paper and a pencil. All papers will
be collected before you may leave the examination.
Scheduling
Once you have submitted your admissions form and have been accepted to
take the Patent Bar exam, you will have a 90-day window during which time you
must schedule your exam with the testing center.
Cost
The cost of the exam is as follows: a non refundable application
fee of $40, a registration examination fee of $200, and a service fee of $150
to the administration facility. The new, computerized Patent Bar exams will be
administered by Prometric who specializes in professional exams.
Results
After taking the exam, it will take a few weeks to receive notification of whether
you passed or failed. If you fail the exam, you will not be allowed to re-take
it for 30-days. Appeals will no longer be accepted.