Patent attorneys and patent agents may practice patent cases before the U.S. Patent and Trademark Office (USPTO).  Each practitioner must show proof of good moral character and reputation, have the requisite scientific or technical background, and pass the registration examination commonly known as the patent bar exam. 

Patent bar applicants must have a bachelor’s degree in specified subjects, sufficient technical training, or practical engineering or scientific experience.  Eligible subjects for bachelor’s degrees include biology, physics, most engineering degrees, and accredited computer science degrees.  Acceptable training includes either 24 semester hours in physics, 30 semester hours in chemistry, or 32–40 semester hours in specified combinations of scientific subjects.  Acceptable experience can be shown by a combination of a bachelor’s degree combined with passing the Fundamentals of Engineering test administered by state licensing boards.  Full information can be found in the General Requirements Bulletin.

The patent bar exam is a computer-based exam administered by a private contractor with test sites located throughout the country including Spokane, Washington, and Garden City, Idaho.  Because the exam can be given at any time, there is no filing deadline for applications.  Once the USPTO's Office of Enrollment and Discipline approves an application, it issues an identification number and an admission letter.  Applicants must take the exam within 90 days of receiving the admission letter. 

The patent bar exam consists of 100 multiple choice questions given in two three-hour sessions.  All questions are based on the USPTO’s Manual of Patent Examining Procedure.  To pass, applicants must correctly answer 70% of the exam’s ninety scored questions.  The other ten questions will be undergoing beta testing and will not be scored.  Old exam questions, answers, and explanations are available online.

According to the USPTO, “The examination is designed to test an applicant’s knowledge of patent laws, rules and procedures . . ., and the ability to properly analyze factual situations and properly apply the patent laws, rules and procedures to render valuable service, advice and assistance to patent applicants in the preparation and prosecution of their patent applications. . . .  The examination may also include questions dealing with standards of ethical and professional conduct applicable to registered patent attorneys and agents.” 

Once applicants have passed the exam, their names are published to solicit character and fitness information.  After the publication period, they are admitted to practice before the USPTO either as patent attorneys (upon submitting a certificate of good standing from their state’s bar) or patent agents.  Patent agents who later are admitted to the bar can then be registered as patent attorneys.

Plan on spending at least 150–200 hours to study for the patent bar exam.  Several commercial organizations offer patent bar reviews, including Bar/Bri, PatBar, Patent Resources Group (PRG), and Practicing Law Institute (PLI).  All offer home-study courses and some also offer live courses. As with any bar review course, examine all claims and costs carefully before signing the contract.