1.1 Patent Bar Exam Format & Administration

1.1 Patent Bar Exam Format & Administration

Quick Answer: The USPTO Registration Examination for Attorneys and Agents (commonly called the Patent Bar exam) is a 100-question, 6-hour computer-based exam administered year-round by Prometric. Candidates are tested across two 3-hour sessions of 50 questions each. A passing score of 70% (63 out of 90 scored questions) is required. The exam supplies electronic access to the four items on the USPTO’s current source-material list: MPEP Revision 01.2024, the November 2019 Consolidated Trial Practice Guide, the 2013 representation final rules, and the Global/IP5 PPH pilot notice.

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Prometric Administration & Test Center Security

The Patent Bar examination is administered on behalf of the USPTO Office of Enrollment and Discipline (OED) by Prometric, a commercial computer-based testing provider. Unlike many standardized professional exams offered only during set testing windows, the Patent Bar is available year-round on an on-demand basis at authorized Prometric test centers across the United States.

Candidate Check-In & Security Protocols

Upon arriving at the Prometric test center, candidates undergo strict identity verification and security screening:

• Identification: Candidates must present a valid, unexpired government-issued photo identification (such as a driver's license or passport) bearing a signature that matches the name under which the candidate registered with the OED.
• Personal Belongings: All personal items—including watches, mobile phones, wallets, hats, jackets, outer garments, and study materials—must be secured inside a designated test center locker. No personal items or paper materials are permitted inside the testing room.
• Scratch Materials: The test administrator provides candidates with scratch paper and pencils under the test center rules. All scratch materials are strictly collected and accounted for at the end of each session.

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Session Structure & Time Allocation

The examination is structured into two equal sessions conducted on the same day:

Scheduled vs. Unscheduled Breaks

Between the morning and afternoon sessions, candidates are offered an optional 60-minute scheduled break. During this scheduled break, candidates may leave the test center, access their lockers, eat lunch, and review study materials.

Candidates may also take unscheduled breaks (such as using the restroom) during an active 3-hour testing session. However, during an unscheduled break, the session timer continues to tick down without pausing. No extra time is granted to compensate for unscheduled breaks, making strict time management essential.

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Scoring Policy & Beta Questions

The scoring mechanism of the Patent Bar exam includes specific features that every examinee must understand when evaluating their performance:

Total Exam Questions: 100
├── Scored Questions:   90 (Determine Pass/Fail)
└── Beta Questions:     10 (Unscored Experimental Questions)

Passing Requirement: 70% of Scored Questions = 63 / 90 Correct Answers

Unscored "Beta" Questions

Every form of the Patent Bar exam contains 10 unscored pilot questions (often referred to as beta questions). The USPTO includes these experimental questions to collect statistical performance data before introducing them as scored questions on future exam versions.

• Indistinguishability: Beta questions are randomly intermixed with scored questions throughout both the morning and afternoon sessions. Candidates cannot identify which questions are scored and which are beta questions.
• Scoring Calculation: The 10 beta questions do not count toward or against the candidate's score. The candidate's final score is calculated exclusively from the 90 scored questions.

Passing Threshold & Score Reporting

To pass the examination, a candidate must correctly answer 70% of the scored questions, which equals exactly 63 correct answers out of 90 scored questions.

Immediately upon submitting the afternoon session at the Prometric computer terminal, candidates receive an unofficial on-screen preliminary pass/fail notification:

1. Passing Candidates: Receive an unofficial preliminary pass notification on screen. The OED subsequently sends official written confirmation of registration eligibility. Passing candidates do not receive a numerical score breakdown.
2. Unsuccessful Candidates: Receive an unofficial preliminary fail notification on screen. The OED dispatches an official failure letter detailing the candidate's exact numerical score (e.g., 58/90) along with a diagnostic breakdown of performance categorized by MPEP subject area chapters.

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Open-Book Electronic Search System Mechanics

The Patent Bar examination is an open-book computer-based exam. Candidates are provided with an electronic reference workspace integrated directly into the Prometric testing software interface. This workspace contains digital PDF copies of:

• the MPEP, Ninth Edition, Revision 01.2024; the November 2019 Consolidated Trial Practice Guide; the 2013 final rule on representation of others before the USPTO; and the Global/IP5 Patent Prosecution Highway pilot notice—the four items in the official source-material list dated May 29, 2026

Working with the official electronic sources

The USPTO confirms that the listed materials are supplied electronically and that embedded links are removed or disabled. It does not promise in the source-material notice that every test-center viewer will retain a particular split-screen arrangement, global-search behavior, keyboard shortcut, or rendering speed. Candidates should use the current Prometric tutorial for interface mechanics and practice locating distinctive rule numbers and headings in the official files.

The tested set dated May 29, 2026 consists of:

1. MPEP, Ninth Edition, Revision 01.2024;
2. Consolidated Trial Practice Guide, November 2019;
3. the 2013 final rules titled Changes to Representation of Others Before the USPTO; and
4. the Global/IP5 Patent Prosecution Highway pilot notice.

Links within those files are not an internet research path during the examination. A reliable content workflow is to classify the issue, choose the governing source or MPEP chapter, locate the exact rule or statutory phrase using the functions available in the current viewer, and verify every exception before answering.

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Retake Rules & Re-application Procedures

If a candidate does not pass the examination, the USPTO imposes specific administrative procedures for retaking the exam:

• Mandatory 30-Day Waiting Period: A candidate who fails the examination must wait at least 30 calendar days from the date of the failed exam attempt before they are eligible to retake the test.
• Re-application Process: Candidates cannot simply call Prometric to reschedule a failed exam. They must re-submit a formal re-application to the OED, pay the current USPTO application fee ($118) and registration examination fee ($226), and receive a new Authorization to Test (ATT) letter.
• Prometric Scheduling Window: Once the OED issues a new ATT letter, the candidate receives a temporarily expanded 180-day eligibility window to schedule their retake date with Prometric and pay the separate Prometric test administration fee ($221).
• Repeat attempts: A failed candidate may reapply immediately, but OED will not authorize a new test date sooner than 30 days after the prior attempt. OED is temporarily waiving the additional waiting periods and petition requirement that ordinarily apply after repeated failures; candidates should verify that temporary policy before relying on it.
• Scheduled source update: The USPTO has announced a September 23, 2026 examination update and a September 17–22 blackout. The current and updated exams both use the official listed source set, including MPEP Revision 01.2024.