Patent Bar Exam Guide (2026): Format, MPEP Edition and Scoring
The "patent bar" is the USPTO's Examination for Registration to Practice in Patent Cases. Passing it, and meeting the other requirements in 37 CFR 11.7, lets you be registered as a patent agent, or as a patent attorney if you are also a member of a state bar. As at 12 Oct 2026, it is 100 five-choice questions in two three-hour sessions, and you need 70% of the scored questions to pass.
The format
| Item | Detail |
|---|---|
| Questions | 100 multiple choice, five choices each (A to E) |
| Scored | 90; the other 10 are beta questions you cannot identify |
| Sessions | Two sessions of 50 questions, three hours each (six hours of testing) |
| Pass mark | 70% of the scored questions: 63 of 90 |
| Delivery | Prometric test centers, year round, on a date you choose within your admission window |
| References | The MPEP and the other source materials are on the exam computer; external links are redacted |
What it tests
The GRB says the exam tests patent law, the USPTO rules of practice in 37 CFR Parts 1, 3, 11, 41 and 42, the procedures in the MPEP and other published USPTO policy, and may include ethics questions. OED's source-materials list names the editions: MPEP 9th ed., Revision 01.2024 (November 2024), the Consolidated Trial Practice Guide (November 2019), the 2013 final rule on representation of others, and the notice on the Global and IP5 Patent Prosecution Highway pilots. See which MPEP is on the patent bar.
The USPTO publishes no topic weights. Most questions are fact patterns: an applicant files on a date, discloses an invention, misses a deadline or receives an Office action, and you choose what the rules allow. Our syllabus page groups the MPEP chapters into seven areas and shows how our mocks weight them.
Results
If you take both sessions on one day you see an unofficial result on screen at the end. The USPTO says official results follow, generally within 5 business days. Answer every question: there is no stated penalty for a wrong answer.
About our questions
How to prepare
- Learn the MPEP's structure first: you will search it during the exam.
- Study by area, starting with patentability (102 and 103), filing and benefit claims, and prosecution.
- Drill date counts: grace periods, the 12-month priority year, the 30-month national stage, response periods and extensions.
- Sit at least one full six-hour mock in two three-hour sessions before you book.
- See our study plan and how to pass.
Frequently asked questions
How many questions are on the patent bar?
100 multiple-choice questions with five choices each; 90 are scored and 10 are unidentified beta questions (USPTO, as at 12 Oct 2026).
How long is the patent bar exam?
Six hours: two sessions of 50 questions, three hours each (OED General Requirements Bulletin, section IX.B).
What score do you need to pass the patent bar?
70% of the scored questions, which is 63 of 90 (USPTO registration examination page).
Is the patent bar open book?
The MPEP and the other source materials are available on the exam computer, with external links redacted. You may not bring any materials of your own.
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Start practicing →Patent Bar Prep is an independent study aid. It is not affiliated with, endorsed by or approved by the United States Patent and Trademark Office (USPTO) or its Office of Enrollment and Discipline (OED). Bank questions are original; USPTO-released exam questions are shown only in separate, labelled sets.