Source Materials for Exam BEGINNING December 16, 2016
1. Manual of Patent Examining Procedure (MPEP), Ninth Edition, Revision 07.2015, Last Revised November 2015;
2. Inter Partes, Post Grant, and Covered Business Method Review Final Rules;
3. Derivation Proceeding Final Rules;
4. Changes to Representation of Others Before the USPTO Final Rules;
5. Implementation of the Global and IP5 Patent Prosecution Highway (PPH) Pilot Programs with Participating Offices;
6. Memo dated July 14, 2016, Recent Subject Matter Eligibility Rulings;
7. Memo dated May 4, 2016, Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant’s Response to a Subject Matter Eligibility Rejection;
8. Subject Matter Eligibility: Workshop II Handout;
9. Subject Matter Eligibility: Worksheet, Example 21, Claim 1;
10. Subject Matter Eligibility: Worksheet, Example 21, Claim 2;
11. Subject Matter Eligibility: Worksheet, Example 23, Claim 3;
12. Subject Matter Eligibility: Worksheet, Example 23, Claim 4;
13. July 2015 Update: Subject Matter Eligibility;
14. 2014 Interim Eligibility Guidance Quick Reference Sheet; and
15. 2014 Interim Guidance on Patent Subject Matter Eligibility
The Patent Bar Exam Format
Although computer-delivered examinations continue to include 100 multiple choice questions, 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 accurately assess 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 which 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.
All of the questions on the exam will come from the most current edition of the Manual of Patent Examining Procedure (MPEP). Portions of the MPEP superceded by changes or obsolete will not be tested on the exam. The testing facility will provide you with an online, searchable version of the MPEP. That will be the only reference material you are allowed to use during the test. You may no longer bring in any of your own materials to the exam. They will also supply you with paper and a pencil. All papers will be collected before you may leave the examination.
Once you have submitted your admissions form and have been accepted to take the Patent Bar exam, you will have a 90-day window during which time you must schedule your exam with the testing center.
The cost of the exam is as follows: a non refundable application fee of $40, a registration examination fee of $200, and a service fee of $150 to the administration facility. The new, computerized Patent Bar exams will be administered by Prometric who specializes in professional exams.
After taking the exam, it will take a few weeks to receive notification of whether you passed or failed. If you fail the exam, you will not be allowed to re-take it for 30-days. Appeals will no longer be accepted.