For further information and the application form, consult the General Requirements Bulletin(link is external) and the Routine Processing of Certain Documents or Requests Submitted to the Office of Enrollment and Discipline page.
Registration examination questions
The computer-delivered examination includes 100 multiple-choice questions, of which 90 are scored. To pass the examination, a candidate must correctly answer seventy percent of the scored questions (63 of 90). Each scored question has been used on previous examination forms and has been psychometrically analyzed to ensure the question provides a useful assessment of a candidate's legal qualifications.
Ten of the questions on the computer-delivered examination and the paper-based examination will be undergoing beta testing. The ten beta test questions will be distributed throughout the examination. These questions will not be identified and will not be scored. These questions will be psychometrically analyzed to assess whether the questions are too simple, complex, or ambiguous to serve as an adequate basis for measuring candidates' legal qualifications. Accordingly, these questions will not be included in the scoring of the candidate's examination or in determining whether a candidate has passed or failed an examination. Beta test questions will not be available for review by candidates who do not pass the examination.
Beta test questions that are found to accurately measure candidates' legal qualifications will be introduced into future examination forms and scored. The future examination forms will include different beta test questions. In this manner, the USPTO will continue to beta-test new questions in the registration examination to identify questions capable of measuring candidates' legal qualifications and add those questions to the database of questions that can be used and scored in the registration examination.
Notice of non-disclosure agreement
Anyone taking the registration examination is expressly prohibited from disclosing, publishing, reproducing, or transmitting the content, or substantially similar content, of the examination, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose. At each test site, every applicant is required to enter into a non-disclosure agreement as a condition to sitting for the examination.
Any information tending to show that an applicant failed to abide by the non-disclosure agreement will be considered when determining whether an applicant has demonstrated good moral character for the purposes of registration or recognition. See 37 CFR § 11.7(g)(2). If an applicant discloses information that appears to be substantially similar to the content of the examination, OED will consider whether an ordinary reasonable person would recognize the essence of an examination question based upon the information disclosed.
Applicants who failed their registration examination will be able to schedule a review session through Prometric at a location selected by the applicant for a fee of $195. Reviews must take place within 65 days after the date of the examination. Applicants will review only those scored questions they answered incorrectly (37 CFR § 11.7(e)). Complete instructions for scheduling these review sessions will be provided with the result letters.
Examination updates and source materials
The registration examination will be updated as of August 16, 2018. The examination will be blacked
out as follows: no examination will be administered from August 9, 2018 through August 15, 2018. The
examination covers all materials referred to in the source materials. Please note that the
source materials for the updated examination beginning August 16, 2018 will not include the
Subject Matter Eligibility Guidance and Training Materials that were included in the source
materials for the registration examination through August 8, 2018. However, the topic of Subject Matter
Eligibility will be covered on the updated examination beginning August 16, 2018, according to the materials
set forth in the Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 08.2017.
Please be advised that the updated examination beginning August 16, 2018 will cover Practice Before the Office as set forth in 37 C.F.R. 11.5(b).(link is external)
USPTO 2018 Administered Exam (only on July 26, 2018 at the USPTO in Alexandria, Virginia)
An examination for individuals seeking registration before the United States Patent and Trademark Office (Office) as patent attorneys and agents will be held Thursday, July 26, 2018 pursuant to 35 U.S.C. § 2(b)(2)(D) and 37 CFR § 11.7. Friday, May 18, 2018 is the deadline for filing applications along with the appropriate application fee and the $450.00 examination fee and all necessary showings as required by 37 CFR § 11.7(b)(1)(i)(A) through (D). A timely filed application is one that is received in the Office on or before May 18, 2018, or mailed on or before May 18, 2018, in full compliance with the certificate of mailing provisions of 37 CFR § 1.8 or 37 CFR § 1.10. A mere postmark on an envelope is not sufficient to meet the deadline. Applications must bear applicant's original signature and they may not be filed by facsimile or electronically. 37 CFR § 1.4(e ).
The USPTO administered examination is given only at the United States Patent and Trademark Office in Alexandria, Virginia. The USPTO administered examination is NOT given at any other location.
The USPTO administered examination will use paper examination booklets, mark-sense answer sheets, and reference materials furnished by the Office. The USPTO administered examination will use the same reference materials used with the computer-delivered examination. A list of these reference (source) materials is available on the USPTO website. For further information and the application form, consult the General Requirements Bulletin available on the USPTO Internet website. A printed copy of the General Requirements Bulletin is available from the OED for a prepaid fee of $15.00 per copy.
Applicants are encouraged to file early to allow ample time for notification and correction of incomplete applications in advance of the July 2018 examination. Applications filed after Friday, May 18, 2018 may be accepted. However, an application filed after the May 18 deadline, and any application filed prior to the May 18 deadline with a deficiency, must be completed on or before Friday, June 15, 2018. All items to complete an application must be received in the Office on or before June 15, 2018, or mailed on or before June 15, 2018, in full compliance with the provisions of 37 CFR § 1.8 or 37 CFR § 1.10.
Registration does not qualify one for practice before the Office in Trademark cases. Such recognition is governed by CFR § 11.14.
For further information, please contact the Office of Enrollment and Discipline by calling (571) 272-4097.
USPTO-administered paper examination
The USPTO proposes to discontinue on or after August 1, 2018, the administration of the paper-based version of the registration examination to practice in patent cases before the USPTO. The agency takes this action in light of the diminished interest in the paper-based version of the examination in recent years and to conserve the considerable resources including Office personnel that are dedicated each year by the USPTO to administer the examination. A link to the notice of proposed rulemaking will be provided here when it becomes available. In the meantime, written comments may be sent by electronic mail message over the Internet addressed to: firstname.lastname@example.org, or by postal mail addressed to: Mail Stop OED, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, marked to the attention of Paul Nguyen-Ba.