1. Planning for the Patent Bar Exam
Intellectual Property Association

2. Why Take the Patent Bar Exam?
Registration is required to represent patent applicants before the U.S. Patent & Trademark Office.
Registration is not required for patent litigation, but some firms may prefer you to register.
Types of practitioners:
Attorneys
Agents

3. Registration to Practice before USPTO
Administered by USPTO Office of Enrollment and Discipline (OED):
See General Requirements Bulletin at:
for full details on the registration process.

4. Registration Requirements
Registration requires:
U.S. citizen / resident alien status
qualifying moral character and fitness
scientific and technical training
passing the examination
payment of various fees:
Application Fee: $40
Registration Examination Fee: $200
Examination Administration Fee (Prometric): $160
Registration Fee: $100
No Annual Registration Fee

5. What are the Eligibility Requirements?
Category A: Bachelor’s Degree in one of the following:
Biology
Civil Engineering
Biochemistry
Computer Engineering
Botany
Electrical Engineering
Computer Science (accredited)
Electrochemical Engineering
Electronics Technology
Engineering Physics
Food Technology
General Engineering
General Chemistry
Geological Engineering
Marine Technology
Industrial Engineering
Microbiology
Mechanical Engineering
Molecular Biology
Metallurgical Engineering
Organic Chemistry
Mining Engineering
Pharmacology
Nuclear Engineering
Physics
Petroleum Engineering
Textile Technology
Aeronautical Engineering
Agricultural Engineering
Biomedical Engineering
Ceramic Engineering
Chemical Engineering

6. What are the Eligibility Requirements?
Category B: Bachelor’s Degree in another subject
Option semester hours in physics.
Option hours in a combination of the following:
8 hours of chemistry or 8 hours of physics, and
24 hours in biology, botany, microbiology, or molecular biology.
Option hours in chemistry.
Option hours in a combination of the following:
32 hours in chemistry, physics, biology, botany, microbiology,
molecular biology, or engineering, or some computer science.
** Must provide transcripts and official descriptions from the catalogs of the year in which you took the course.

7. What are the Eligibility Requirements?
Category C: Practical engineering or scientific experience
Taken and passed the Fundamentals of Engineering (FE) exam.

8. What is the Patent Bar Exam?
100 multiple-choice questions (90 scored):
50 morning session (3 hours)
50 afternoon session (3 hours)
Limited “open book” examination:
Manual of Patent Examining Procedure (MPEP).
Provided electronically (as searchable PDF) or hard copy.
Administration:
computer administration - Prometric.
paper administration?
Must answer 70% of scored questions correctly to pass.

9. What is the Patent Bar Exam?
Process:
Submit application (available on OED website).
Following approval (about one month), schedule test date with Prometric within 90 days.
Test centers: Indy (2), Terre Haute, Louisville (2), Lafayette, Evansville, Cincinnati.
Receive unofficial test result at end of exam. Official results come later.
Pay $100 registration fee.
Receive registration certificate automatically.

10. What is the Patent Bar Exam?
Types of Questions:
Substantive Patent Law
USPTO Rules and Procedures

11. Question
Question

12. MPEP
MPEP

13. Specific Chapter
Specific Chapter

14. Sample Question #1 –Claim Interpretation
Claim 1 of an application recites “[a]n article comprising: (a) a copper substrate; and (b) a electrically insulating layer on said substrate.” The specification defines the term “copper” as being elemental copper or copper alloys. In accordance with the patent laws, rules and procedures as related in the MPEP, for purposes of searching and examining the claim, the examiner should interpret the term “copper” in the claim as reading on:
Elemental copper only, based on the plain meaning of “copper.”
Copper alloys only, based on the special definition in the specification.
Elemental copper and copper alloys, based on the special definition in the specification.
Any material that contains copper, including copper compounds.
None of the above.

15. Sample Question #1 –Claim Interpretation
Claim 1 of an application recites “[a]n article comprising: (a) a copper substrate; and (b) a electrically insulating layer on said substrate.” The specification defines the term “copper” as being elemental copper or copper alloys. In accordance with the patent laws, rules and procedures as related in the MPEP, for purposes of searching and examining the claim, the examiner should interpret the term “copper” in the claim as reading on:
Elemental copper only, based on the plain meaning of “copper.”
Copper alloys only, based on the special definition in the specification.
Elemental copper and copper alloys, based on the special definition in the specification.
Any material that contains copper, including copper compounds.
None of the above.

16. Sample Question #2 –Claim Form
A patent specification discloses a personal computer comprising a microprocessor and a random access memory. There is no disclosure in the specification of the minimum amount of storage for the random access memory. In the disclosed preferred embodiment, the microprocessor has a clock speed of megahertz. Claims 9 and 10, presented below, are original claims in the application. Claim 11, presented below, was added by amendment after an Office action.
9. A personal computer comprising a microprocessor and a random access memory that includes at least 1 gigabyte of storage.
10. The personal computer of Claim 9, wherein the microprocessor has a clock speed of megahertz.
11. The personal computer of Claim 10, wherein the random access memory is greater than ½ gigabyte of storage.
Which of the following statements is or are in accord with the patent laws, rules and procedures as related in the MPEP regarding the respective claims under the fourth paragraph of 35 USC 112?
Claim 9 is a proper independent claim, and Claims 10 and 11 are proper dependent claims.
Claim 9 is a proper independent claim, and Claims 10 and 11 are improper dependent claims.
Claim 9 is an improper independent claim, and Claims 10 and 11 are improper dependent claims.
Claim 9 is an improper independent claim, and Claims 10 and 11 are proper dependent claims.
Claim 9 is a proper independent claim, Claim 10 is a proper dependent claim, and Claim 11 is an improper dependent claim.

17. Sample Question #2 –Claim Form
A patent specification discloses a personal computer comprising a microprocessor and a random access memory. There is no disclosure in the specification of the minimum amount of storage for the random access memory. In the disclosed preferred embodiment, the microprocessor has a clock speed of megahertz. Claims 9 and 10, presented below, are original claims in the application. Claim 11, presented below, was added by amendment after an Office action.
9. A personal computer comprising a microprocessor and a random access memory that includes at least 1 gigabyte of storage.
10. The personal computer of Claim 9, wherein the microprocessor has a clock speed of megahertz.
11. The personal computer of Claim 10, wherein the random access memory is greater than ½ gigabyte of storage.
Which of the following statements is or are in accord with the patent laws, rules and procedures as related in the MPEP regarding the respective claims under the fourth paragraph of 35 USC 112?
Claim 9 is a proper independent claim, and Claims 10 and 11 are proper dependent claims.
Claim 9 is a proper independent claim, and Claims 10 and 11 are improper dependent claims.
Claim 9 is an improper independent claim, and Claims 10 and 11 are improper dependent claims.
Claim 9 is an improper independent claim, and Claims 10 and 11 are proper dependent claims.
Claim 9 is a proper independent claim, Claim 10 is a proper dependent claim, and Claim 11 is an improper dependent claim.

18. When should I take the exam?
Before graduation:
Looks good on resume.
Must front costs yourself.
After graduation but before starting work:
Firms will pay for fees and bar review course.
Must also study for state bar exam.
Knowledge from law school will help.
After graduation and after starting work:
Typically within first two years as an associate.
Firms will pay for fees and review course.
Preparation more difficult:
Time off OR
No time off per se but you may receive billable or non-billable hours credit.

19. How do I prepare? B743 Patent Law Course Patent Bar Review Course
Helpful but not necessary.
Patent Bar Review Course
Does not teach you patent law.
Teaches you what you need to know to pass the exam.
One-week courses are very condensed.
Study-at-home; need self discipline.
Take old exams.
Many questions are repeated from past exams.

20. Patent Bar Review Courses
Live lectures often take place on the coasts. They are given infrequently.
Courses that offer both live and at-home options generally include the same written and computerized materials with both.
Courses include computerized sample questions and exam simulation software.

21. Patent Bar Review Courses
Name & Website
Cost
Description
Practising Law Institute (PLI)
$1,895
(student rate)
Live: Five day-long lectures – big cities
At-Home: yes
Patent Resources Group (PRG)
$1,839
Live: Six day-long lectures
PATBAR.com
$695
Live: None
At-Home: online
Patent Education Series (PES)
$497/797
OmniPrep
$495
At-Home: Materials online
Wysebridge Patent Bar Review
$645
At-Home: Online