How to Become Registered to Practice Before the USPTO in Patent Matters
General Requirements Bulletin
All individuals seeking registration must meet the requirements of 37 CFR §11.7, including the legal, scientific and technical qualifications, and good moral character and reputation. General instructions for demonstrating possession of the necessary qualifications can be found in the General Requirements Bulletin.
The Application Form (PTO 158) and Undertaking Form (PTO 275) are available within the General Requirements Bulletin. The Credit Card Authorization form (FORM PTO 2038) is available here. Credit Card Payment Form and Instructions.
Former Office employees may be eligible for waiver of the registration examination. Additional information regarding waiver.
Registration Examination Questions
The computer-delivered examinations include 100 multiple-choice questions, and only ninety of the questions will be scored. Accordingly, to pass the examination a candidate must correctly answer seventy percent (sixty-three) of the ninety scored questions. Each of the scored questions has been used on previous examinations forms and had 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. The ten beta test questions will not be identified and will not be scored. These questions will be psychometrically analyzed to assess if the questions are too simple, too complex, or too ambiguous to serve as an adequate basis for measuring candidates' legal qualifications. Accordingly, these questions will not be included in the scoring of a candidate's examination or in determining whether a candidate has passed or failed an examination. Beta test questions will not be available for review, for example, 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 Office 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 data bank of questions that can be used and scored in the registration examination.