United States · Licensing examWho can take the patent bar exam?
The USPTO's rule, 37 CFR 11.7, asks for legal, scientific and technical qualifications and good moral character. You show your scientific and technical background in the application, and the General Requirements Bulletin explains what counts.
The bulletin, issued August 2026, gives four ways to qualify. Category A is a bachelor's, master's or PhD in a listed subject, such as biology, chemistry, physics, electrical or mechanical engineering, or a BS in computer science. Category B is another degree backed by enough science credits, for example 24 semester hours of physics or 30 of chemistry. Category C is practical experience shown by passing the Fundamentals of Engineering (FE) test. Category D, a degree in a design subject, lets you practice in design patent matters only.
Patent bar exam format and passing score
The USPTO describes the exam like this:
- 100 multiple-choice questions, each with five choices.
- Two 3-hour sessions of 50 questions.
- 10 unscored beta questions, so 90 count.
- 63 right of the 90 to pass, which the USPTO calls 70%.
- Taken at a commercial test center of your choice, run by Prometric.
You usually get an unofficial result at the test center, and the official notice within five business days. In fiscal year 2026 the USPTO reports 2,309 exams taken and a 46% pass rate.
What the patent bar tests and how to study
Questions come from the USPTO's list of source materials: the Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 01.2024, plus the Consolidated Trial Practice Guide (November 2019) and two rule notices. You can view the materials on screen during the exam, with their external links blacked out. The USPTO says to check the list regularly, because it can change.
The exam is offered year-round on computer at test centers, on a date you pick. Prometric has a free tutorial of the exam software, so try it before exam day. The USPTO doesn't publish practice questions; the tutorial shows the format only.
Patent bar exam fees
So a first attempt costs $565 before registration, by our sum of the first three fees, as of October 2026.
| Fee | Amount |
|---|---|
| Application (not refunded) | $118 |
| Registration exam (refunded if your application is turned down) | $226 |
| Prometric test center fee | $221 |
| Optional review session if you fail | $300 |
| Registration after you pass | $226 |
How to register for the patent bar exam
- Apply through the USPTO's applicant portal or on form PTO 158, with the application and exam fees and proof of your qualifications.
- The Office of Enrollment and Discipline reviews it, typically in about four weeks. If something's missing, you get 60 days to send it.
- Once admitted, you have about 90 days to book and take the exam.
- After you pass, you have two years to send the data sheet, oath and registration fee.
While the USPTO's temporary waiver is in place, you can retake the exam 30 days after a failed attempt at the earliest.
Sources: USPTO and 4 more. Checked October 2026.
- USPTO: Becoming a patent practitioner ↗
- USPTO: Registration examination ↗
- USPTO: Registration exam source materials, updated May 29, 2026 (PDF) ↗
- USPTO: General Requirements Bulletin, August 2026 (PDF) ↗
- USPTO: Registration exam results and statistics ↗
Rules and fees can change, so check the official site before your test.