Sign up for the Patent Bar Exam on the USPTO’s official website and go to the Office of Enrollment and Discipline (OED) section. Fill out the Application for Registration to Practice Before the United States Patent and Trademark Office (Form PTO-158) and submit it with:

  1. The fee
  2.  Any required documentation to prove your eligibility

Eligibility is based on having a scientific or technical background, which can be demonstrated by:

  1. A bachelor’s degree in a technical field
  2. Equivalent coursework in science or engineering
  3. Practical engineering or scientific experience with some formal education

When your Patent Bar Exam application status is “Processed/Ongoing,” it means the Office of Enrollment and Discipline (OED) has received your application and started processing it but it’s not complete yet.

Breakdown of the status:

  1. Processed: The initial review of your application is done. OED has likely checked that all forms and fees were submitted.
  2. Ongoing: Your application is still under review. OED is verifying your eligibility, including your education and other requirements.

Next Steps:

  1. Be patient: Processing times vary. It can take several weeks depending on the volume of applications.
  2. Check for updates: Monitor your email or the application portal for requests for more information. Respond quickly to help expedite processing.
  3. Contact the USPTO: If a lot of time passes with no updates, reach out to the USPTO. Wait a few weeks before contacting them, as processing times can fluctuate.

Note: The “Processed/Ongoing” status is normal and means your application is moving through the process.

Approval time varies but applicants usually hear back from the USPTO within 60-90 days after submitting the application, depending on the volume of applications and completeness of the application.

The application fee to sit for the Patent Bar Exam is $110. The registration examination fee, collected for test administration by Prometric, is $210. Additional fees may apply for rescheduling, extensions, or reapplications.

$110 application fee
$210 registration examination fee (collected by Prometric)
Additional fees may apply for rescheduling, extensions or reapplications

  1. Review the MPEP and understand its structure.
  2. Create a study schedule that covers all exam topics, more time for harder subjects.
  3. Incorporate practice exams into your study plan to test and adjust based on your performance.
  4. Use flashcards, chapter summaries and frequency charts to reinforce key concepts.

After passing the exam it can take several weeks to a few months to get your official registration number from the USPTO.

Yes. If you don’t pass on your first attempt you can reapply after 30 days. There is
no limit to the number of attempts but each attempt requires a new application and
fee.

If you fail the Patent Bar Exam you must wait 30 days after receiving a written failure notice from the Office of Enrollment and Discipline (OED) before retaking the exam.
All retesting inquiries and processes are handled directly by OED, not Prometric.

After failing the Patent Bar Exam you must reapply with the Office of Enrollment and Discipline (OED) at the USPTO before you can schedule again with Prometric. The process involves:

  1. Waiting Period: You must wait 15 days after your last exam before you can apply 30 days before you can take the exam again.
  2. Reapply to OED: Submit a new application to OED with the reapplication fee. Details on the process and fees are on the USPTO website.
  3. Reschedule with Prometric: Once your reapplication is approved OED will provide authorization and any necessary codes to schedule a new exam with Prometric.

Note: You cannot reschedule with Prometric without going through the OED reapplication process. Reapplication ensures you are eligible to take the exam again.

Monitor OED communications and respond promptly to any requests for additional information to avoid delays in scheduling your next exam.

The USPTO does not require formal continuing education for patent practitioners. But staying current with patent law and USPTO rules is highly recommended. Many patent attorneys and agents:

  1. Attend seminars and webinars
  2. Take workshops
  3. Engage in other learning opportunities to keep their skills up to date

Find answers to your questions with Patent Bar Review’s FAQ.Get tips, strategies, and support for passing the Patent Bar Exam.

Common qualifying degrees include:

Patent Bar Review FAQs