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 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 examination covers all materials referred to in the source materials, including the Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 08.2017. Please be advised that the examination additionally covers changes to the claim construction standard for interpreting claims in trial proceedings before the Patent Trial and Appeal Board.