The patent exam is offered as a computer-based test.
The patent exam (also called the registration examination or patent bar exam) is a test given by the U.S. Patent and Trademark Office (USPTO) as part of the registration process for recognizing attorneys and agents to practice before the USPTO. The application for registration serves as the application to take the patent exam. So, if you complete the registration application requirements, you will be able to sit for the patent exam.
Application Form
In order to take the patent exam, an applicant must complete and file Form PTO-158: Application for Registration to Practice before the USPTO. This form is available in the "General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office" published by the USPTO's Office of Enrollment and Discipline (OED).
Application and Examination Fee
As of 2010, an application fee of $40 must accompany your application for registration. However, if you have ethical or moral issues in your background such as being disbarred in another jurisdiction, being previously excluded or suspended by the USPTO, or a felony conviction, the application fee increases to $1,600.
An examination fee also is required. The fee amount depends on whether you opt for computerized testing or paper-based testing. The fee for computerized testing is $200, as of 2010. The fee for paper-based testing is $450, as of 2010. You should be aware that the computerized exam can be taken at any time and at any authorized testing center, while the paper-based exam only is given once a year.
Proof of Scientific and Technical Qualifications
In order to qualify to take the patent exam, you must demonstrate the required scientific and technical training by providing supporting documentation in one of three categories listed in the General Requirements Bulletin. Under Category A, you must provide an original, official copy of a bachelor's degree in one of the subjects listed in the General Requirements Bulletin. Under Category B, you must provide an original, official copy of a bachelor's degree, plus proof of course work in one of four options, other training or other experience as described in the General Requirements Bulletin. Under Category C, you must demonstrate practical engineering or scientific experience by passing the Fundamentals of Engineering (FE) examination.
Aliens
Aliens who seek to sit for the patent exam must provide proof that recognition to practice before the USPTO is not inconsistent with the terms of their visa or entry into the United States. Aliens also are required to supply to the USPTO all documentation submitted to and received from the U.S. Citizenship and Immigration Services (USCIS) office.
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