Failed the Patent Bar? Retake Rules and What to Change
If you fail, you file a new application and pay the fees again. The USPTO says that, under a temporary waiver, you may reapply right away, but your new window to sit the exam starts no sooner than 30 days after the unsuccessful attempt. Attempts after the fifth need a petition.
Use the gap
- Find your weak areas: sit a full mock and read our score report by area.
- Re-read the MPEP chapters behind your misses, then drill those topics untimed until you score 85% or better.
- Sit a second full mock under time before your new date.
Source: USPTO "Becoming a patent practitioner" (updated 5 May 2026), as at 12 Oct 2026. Our until-you-pass pass is extended free if you fail while it is active.
Frequently asked questions
How soon can I retake the patent bar?
You may reapply right away under a temporary waiver, but your new window starts no sooner than 30 days after the failed attempt (USPTO, as at 12 Oct 2026).
Do I pay again to retake?
Yes: a new application with the application and examination fees, and Prometric's fee, about US$565 in all.
Go deeper: study notes
Related guides
Put it into practice
Free account, 650+ original practice questions, instant explanations and full timed practice exams.
Build a daily practice habit — a few exam-style questions a day, with worked answers. Free to start.
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.