Patent Bar Pass Rate: USPTO Statistics FY2022 to FY2026
The USPTO reports 46% of registration exams passed in FY2026 (2,309 exams). The figure counts every exam taken, including retakes, so it is not a first-time pass rate.
| Fiscal year | Exams | Passed |
|---|---|---|
| FY2026 | 2,309 | 46% |
| FY2025 | 2,278 | 46% |
| FY2024 | 2,025 | 49% |
| FY2023 | 1,957 | 46% |
| FY2022 | 1,768 | 46% |
Why so many candidates fail
- The reference is not a crutch. The MPEP is searchable, but at 3.6 minutes a question you cannot look up everything.
- Applied questions. Most items describe dates, filings and parties; recognising a rule is not enough.
- Two laws at once. AIA and pre-AIA novelty both appear, and the transition rules decide which applies.
- Day counts. Priority years, grace periods, response periods and extensions are easy to miss by one day.
- Six hours. Concentration fades in the second session; candidates who never sat a full mock run short of time.
What passing candidates do
- Practise the MPEP's table of contents until you know where each topic lives.
- Answer fact patterns under time, then read the explanation and the cited section.
- Sit full mocks in two three-hour sessions and book only when you clear 70% consistently.
- Start with the free practice test.
Frequently asked questions
What is the patent bar pass rate?
46% of 2,309 exams in FY2026 (USPTO statistics, updated 1 Oct 2026). It includes retakes.
Is the patent bar hard?
Fewer than half of exams are passed each year from FY2022 to FY2026, mostly because the questions apply rules to detailed facts under time pressure.
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