Studying is essential for passing the patent bar exam.
The patent bar, also called the patent bar exam or registration exam, is a multiple choice test given by the U.S. Patent and Trademark Office (PTO) as part of the registration process for patent attorneys and agents. The patent bar covers the patent laws and rules and PTO procedures in patent cases. Because of the detailed nature and volume of material the patent bar exam covers, studying for the patent bar is essential to passing the exam.
Instructions
1. Read about the format and administration of the patent bar. The General Requirements Bulletin published by the PTO's Office of Enrollment and Discipline (OED) provides details about the patent bar. The patent bar is a 100-question multiple choice test given in two three-hour sessions. The questions for the patent bar are drawn from the Manual of Patent Examining Procedure (MPEP), which is available online from the PTO website. The PTO publishes past exams and answers that show the question and answer format of the exam.
2. Study the patent laws. The patent laws are Title 35 of the United States Code (USC) and are listed in a section of the MPEP. Many questions on the patent bar come from sections 101, 102, 103 and 112 of the patent laws, so commit these sections to memory.
3. Analyze the patent rules to learn what is covered and how the rules extend the laws. Congress passes patent laws, while the rules are promulgated by the PTO. Be sure to know Sections 1, 3 and 10 of the rules, as these sections cover important rules. The patent rules are found in Title 37 of the Code of Federal Regulations (CFR). A copy of the rules is contained in a section of the MPEP.
4. Master the PTO procedures in patent cases. The PTO procedures in patent cases are set forth in the MPEP. Examiners in the PTO use the MPEP as a guide to the procedures for examining patent applications. By studying the MPEP, you can learn how patent applications are examined and what the PTO is looking for when examining patent applications. Also, it is important to become familiar with the MPEP because you may refer to the MPEP during the patent bar.
5. Practice taking old exams. Take an exam without a time limit and use this as a baseline. Then, begin taking old exams with the time limit imposed (three hours for each 50 question section) and carefully review any incorrect answers. You can find old exams on the PTO website in the OED section.
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