The patent bar exam is overseen by the United States Patent and Trademark Office (USPTO). The USPTO has determined that in order to write and prosecute patent applications, an individual must have a solid technical background. For this reason, the science or engineering requirements cannot be waived. This means that many lawyers will not qualify to take the patent bar.
Instead, many individuals who have not had any prior legal training may qualify. In fact, scientists and engineers may take the exam and become Patent Agents. Those who qualify to take the exam and who meet the requirements to practice law will become Patent Attorneys. Both Patent Agents and Patent Attorneys may write and prosecute patents. Patent Attorneys may also practice law in regular courts of law, which allows them to practice in infringement cases (whereas Patent Agents may not).
Patent Bar Exam Application
Individuals with a Bachelor's degree from an accredited college or university in one of the following subjects will meet the requirements to take the patent bar exam:
- Aeronautical
- Agricultural
- Biochemistry
- Biology
- Biomedical
- Botany
- Ceramic
- Chemical
- Civil
- Computer
- Computer Science ( Must be from an accredited program)
- Electrical
- Electrochemical
- Electronics technology
- Engineering physics
- Food technology
- General chemistry
- Geological
- Industrial
- Marine technology
- Mechanical
- Metallurgical
- Microbiology
- Mining
- Molecular biology
- Nuclear
- Organic chemistry
- Petroleum
- Pharmacology
- Physics
- Textile technology
Without a Bachelor's degree in one of the exact subject areas as shown above, an individual may still qualify based on their college level courses. The following criteria must be met:
. 24 hrs physics
-or-
. 8 hrs chemistry or 8 hrs physics (must be sequential and include a lab) + 24 hrs of biology, botany, microbiology or molecular biology
-or-
. 30 hrs of chemistry
-or-
. 8 hrs of chemistry or 8 hrs of physics (must be sequential and include a lab) + 32 hrs of chemistry, physics, biology, botany, microbiology, molecular biology and engineering
*Note that all coursework must be for Science or Engineering majors.
Please review the General Requirements Bulletin for more information. The USPTO site has a patent bar exam application you must fill out and send in.
The patent bar exam is administered via a computer and may be taken at any point throughout the year. In addition to the virtually on-demand exam, the USPTO also offers a yearly written version of the exam that is usually given during the month of July.
The fee requirements in order to take the patent bar exam include an application fee and a registration examination fee. The $40 application fee is nonrefundable. The cost of the exam itself is $200. When you take the exam, you will also need to pay a service fee of $150 to the Prometric testing company.
The written exam fees are higher than the computerized examination. Please see the Office of Enrollment and Discipline to learn the exact details of the written exam.
The patent bar exam is a 100 question, multiple-choice exam. During the exam, you will have access to the MPEP, the Manual of Patent Examining Procedure. Although the exam is technically open book, it is generally thought of as difficult, even for the well prepared.
Patent Bar Review Course
There are many patent bar review courses commercially available. We created and maintain the Patent Education Series patent bar review course. This course includes a detailed outline of the topics tested on the exam, exercises to help you learn the material, and access to over 600 patent bar questions. You will be exposed to the material gradually, by beginning with the basics and proceeding to more complex material. You can learn more about this course from the Patent Education Series website.
Unlike many of the more expensive courses, our course is catered to those who can study independently. If you need a live review course, you will pay much more and should expect to study on your own as well.
While the exam is difficult, most individuals can conquer it with a home study course.
