Patent bar
Also called patent bar exam, USPTO registration examination, registration exam, patent bar admission, become a patent agent, become a patent attorney
Patent bar is the USPTO's term for admission to practice before the Office in patent matters. It requires good moral character, technical qualifications and, unless waived, passing the USPTO registration examination1,3,4,5.
A person admitted is registered as a patent attorney, if an attorney who files a certificate of good standing, or as a patent agent2,3. See Patent attorney for what registered practitioners do and where the USPTO and EPO rules differ.
What registration requires
37 CFR 11.7(a) provides that no individual is registered unless he or she has applied in writing and established to the satisfaction of the OED Director that he or she possesses good moral character and reputation, possesses the legal, scientific and technical qualifications necessary to render applicants valuable service, and is competent to advise and assist patent applicants in the presentation and prosecution of their applications1. The application must include the required fees, and satisfactory proof of scientific and technical qualifications (37 CFR 11.7(b)(1)(i))1. The individual must also pass the registration examination, unless it is waived under 11.7(d) for certain former Office employees (37 CFR 11.7(b)(1)(ii))1.
The USPTO's General Requirements Bulletin (GRB), issued August 2026, says the applicant bears the burden of showing the required scientific and technical training. It says the bulletin is guidance and does not have the force and effect of law3. It sets out four categories3:
| Category | What it asks for | Practice it opens |
|---|---|---|
| A | An official transcript showing a bachelor's, master's or doctoral degree in a subject listed in the GRB, from an accredited US institution or the foreign equivalent3 | All patent matters3 |
| B | A degree in another subject, plus scientific and technical training equivalent to a Category A degree. The GRB sets out four options based on semester hours of coursework, for example 24 semester hours in physics for physics majors, and also considers other training case by case3 | All patent matters3 |
| C | A pass on the Fundamentals of Engineering test, which is administered by state boards and not by the USPTO, together with an official transcript showing the award of a bachelor's degree3 | All patent matters3 |
| D | A degree in a recognized design subject3 | Design patent matters only3 |
If an applicant does not qualify under any category, the USPTO says it will conduct an independent review under 37 CFR 11.7(a)(2)(ii)3. The category lists change over time. A Federal Register notice of August 11, 2026 moved Biomedical Science from Category B to Category A, and the USPTO said it reviews Category B degrees periodically, every three years4.
The registration examination
This section states the exam format as the USPTO describes it on pages accessed on October 28, 20263,5. Check the USPTO pages before applying, because the format and the reference materials can change.
- Format. The USPTO says the computer-delivered examination includes 100 multiple-choice questions, of which 90 are scored, and that ten of the questions are undergoing beta testing5. The GRB says the 100 questions are asked in two sessions, 50 in a three-hour morning session and 50 in a three-hour afternoon session, with five choices per question3.
- Passing score. A candidate must correctly answer seventy percent of the scored questions, which is 63 of 905.
- Content. The examination tests knowledge of applicable patent laws, rules and procedures and the ability to apply them. It may also include questions on ethical and professional conduct. Questions are based on the MPEP and other published USPTO policy and procedure materials, and the GRB says to be familiar with 37 CFR Parts 1, 3, 11, 41 and 423. The USPTO lists the source material as the Manual of Patent Examining Procedure, Ninth Edition, Revision 01.20245.
- Reference materials. The GRB says reference materials will be available on the computer delivering the questions, and that applicants may not bring documents or electronic devices into the examination3.
- Where and when. The USPTO says the examination is offered year-round on computer at test centers across the country5. An applicant admitted to the examination receives a notice that specifies a period of time in which to schedule and take it. An applicant who does not take it within that period must file a new application (37 CFR 11.7(b)(4))1.
After passing: attorney, agent and limits
After passing, the OED Director publishes a solicitation for information on the applicant's moral character and reputation, and an applicant who does not complete registration within two years of the notice of passing must retake the examination3.
| Registered as | Who | Source |
|---|---|---|
| Patent attorney | An attorney who fulfills the requirements of Part 11. A US citizen, or a lawful resident alien where registration is not inconsistent with the terms of residence. The attorney files a certificate of good standing from the bar of the highest court of a State, less than six months old2,3 | 37 CFR 11.6(a)2; GRB3 |
| Patent agent | A person who is not an attorney and fulfills the requirements. An attorney for whom no certificate of good standing is received is registered as a patent agent2,3 | 37 CFR 11.6(b)2; GRB3 |
| Limited foreign registration | A foreigner not resident in the US who is registered and in good standing before the patent office of the country where he or she resides and practices, who has the qualifications stated in 11.7, and whose country allows substantially reciprocal privileges. Registered as a patent agent for the limited purpose of applicants located in that country2 | 37 CFR 11.6(c)2 |
| Design patent only | A US citizen, registered as a design patent attorney if an attorney, or as a design patent agent if not, for design patent proceedings only2 | 37 CFR 11.6(d)2 |
The USPTO says only registered patent attorneys and agents, and individuals granted limited recognition, may represent patent applicants in all patent matters6. Representation rules make registration matter in practice. 37 CFR 1.31(a), as amended with effect from July 20, 2026, requires a juristic entity, an applicant with at least one party domiciled outside the United States and its territories, and a patent owner with at least one such party to be represented by a patent practitioner7,8. See Patent prosecution.
Seen in the record
The Federal Register notice below is an example of how the USPTO changes the technical qualification categories. It says nothing about any applicant.
Administrative Updates to the General Requirements Bulletin for Admission to the Examination for Registration To Practice in Patent Cases
The USPTO announced that it was moving one Category B degree, Biomedical Science, to Category A, after reviewing the scientific and technical criteria for admission. It said the change follows a periodic review of Category B degrees, every three years4.
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What is the patent bar exam?
It is the USPTO registration examination. The USPTO says the computer-delivered examination includes 100 multiple-choice questions, of which 90 are scored, and a candidate must answer seventy percent of the scored questions correctly (63 of 90)5. Unless it is waived for certain former Office employees, each individual seeking registration must pass it (37 CFR 11.7(b)(1)(ii))1.
Do I need a law degree to sit for the patent bar?
No. A patent agent is a person who is not an attorney (37 CFR 11.6(b))2. What the USPTO requires for admission to the examination is proof of scientific and technical qualifications, shown under one of the GRB categories1,3. The GRB lists patent law courses and continuing legal education courses among coursework not accepted as scientific and technical training3. An attorney who passes and files a certificate of good standing is registered as a patent attorney3.
What degrees qualify for the patent bar?
The GRB lists subjects under Category A, such as degrees in engineering, physics, chemistry and certain biology fields, and a computer science degree must be a bachelor of science degree from an accredited institution. Other degrees can qualify through Category B coursework options or Category C, a pass on the Fundamentals of Engineering test. The list changes, so check the current GRB3,4.
Can someone outside the United States take the patent bar?
It depends on citizenship and residence. The GRB says an applicant who is not a United States citizen and does not reside in the U.S. is not eligible for registration except as permitted by 37 CFR 11.6(c), and that the registration examination is not administered to aliens who do not reside in the United States3. A foreigner not resident in the US may be registered as a patent agent only for the limited purpose in 37 CFR 11.6(c), where the home patent office grants substantially reciprocal privileges2, and the GRB says the Canadian Intellectual Property Office is presently the only office so recognized3. Lawful permanent residents may apply for registration, and other aliens residing in the US may apply for limited recognition3.
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