The requirements to sit for the patent exam will be met if you have a degree in one of the fields listed below.
Category C relies on practical engineering or scientific experience by demonstrating that the individual has passed the Fundamentals of Engineering (FE) test.
The Patent Bar is limited to scientists and engineers with the degrees posted above or a background showing technical skills in science or engineering. In order to write and prosecute patent applications, you must be skilled within a specific technology.
Patent attorneys have earned a law degree from an accredited U.S. university, passed the bar, and passed the patent bar.
To take the patent bar exam, you must: Apply to the USPTO director by completing an application and registration form. Furnish all materials and information required. Gain the approval of the director of the Office of Enrollment and Discipline (OED).
By passing this exam, these professionals can represent inventors in front of the United States Trademark and Patent Office (USPTO). Unlike traditional bar exams, applicants do not need a legal background.
The patent bar exam is a fully computerized, multiple choice exam. It features 100 randomly selected, equally weighted questions. Test takers have three hours to complete the first 50 questions and another three hours for the remaining 50 questions with a one-hour lunch break in between.
If you aren't familiar with the program, you're allowed a 15-minute tutorial before the exam. In certain instances, you may want to take a paper test.
If you aren't admitted to take the test, the $200 is refundable. The Prometric testing center also charges a $160 testing fee. After passing, the USPTO then requires a $100 fee to register as a practitioner. In total, you pay $500 in fees for the patent bar.
Beta questions are newly added questions that the USPTO includes to see how test takers fare. If deemed acceptable, these questions are then added to the permanent database of the patent bar exam. At the end of the exam, you receive an instant preliminary result, which shows how you may have fared on the exam.
Option 1 requires 24 credit hours of Physics with all classes qualifying for credit for Physics majors. Similarly, Option 3 requires 30 credit hours of Chemistry with all classes qualifying for credit for Chemistry majors.
An applicant is considered to possess the necessary scientific and technical training if he or she provides an official transcript showing that a Bachelor’s degree was awarded in 1 of 31 different scientific or engineering disciplines by an accredited United States college or university, or that the equivalent to a Bachelor’s degree was awarded by a foreign university. For a listing and discussion of these Category A degrees see Who Can Take the Patent Bar?
Gene Quinn is a Patent Attorney and Editor and President & CEO of IPWatchdog, Inc.. Gene founded IPWatchdog.com in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting ...
Category C allows other relevant technical background to suffice, but those allowed to sit for the exam under Category C are few and far between, and one would have to wonder how easy it would be to obtain employment without at least some scientific coursework at a college or University level. [Patent-Bar]
The case ultimately went up to SCOTUS, which unanimously found that a segment of DNA is a product of nature and not patent eligible. The ACLU, which served as lead counsel, had a scientist on board to talk through the technical points, but the litigation was done by Chris Hansen and Sandra Park, who are not patent lawyers.
Myriad Genetics, a case that centered around the patent eligibility of the BRCA1/2 gene, a gene associated with breast cancer risk. The case ultimately went up to SCOTUS, which unanimously found that a segment of DNA is a product of nature and not patent eligible.