Updates as of September 22, 2026
USPTO registration examination at a glance
| Item | Detail | Source |
|---|---|---|
| Format | 100 multiple-choice questions, computer-delivered at Prometric | USPTO OED |
| Scoring | 90 scored questions plus 10 unscored beta items | USPTO OED |
| Pass mark | 70 per cent of scored questions, 63 of 90 | USPTO OED |
| Fees | 118 USD application, 226 USD examination, Prometric fee extra | General Requirements Bulletin |
| Retake interval | 30 days after the date of the last examination | General Requirements Bulletin |
| Tested materials | MPEP Ninth Edition, Revision 01.2024 | USPTO source materials |
Technical eligibility is assessed against set categories: Category A is a bachelor's degree or higher in a recognised technical subject, Category B is another degree plus prescribed coursework such as 24 semester hours in physics, Category C is practical engineering experience evidenced by passing the Fundamentals of Engineering test, and Category D covers design patent practice only, for degrees in architecture, fine arts, graphic design, industrial design or product design. The source-materials list also names the Consolidated Trial Practice Guide of November 2019, the April 2013 final rules on representation of others before the USPTO, and the Global and IP5 Patent Prosecution Highway pilot programmes.
Dates and windows
| What | When | Status |
|---|---|---|
| Booking an exam appointment | Year-round at Prometric test centres; candidate picks date and time | Rolling |
| Testing blackout for the exam update | September 17 to 22, 2026 | Confirmed |
| Updated registration examination goes live | September 23, 2026 | Confirmed |
| MPEP revision under test | Ninth Edition, Revision 01.2024, published November 2024 | Confirmed |
| Unofficial result | Immediately on finishing the exam | Confirmed |
| Post-exam review session for a failed attempt | Within 60 days, booked through Prometric | Confirmed |
| Earliest retake | 30 days after the date of the last examination | Confirmed |
| Next source-material cut-off change | Not announced on the pages reviewed here | Tentative |
There is no sitting calendar: the exam runs year-round and the only fixed dates are the update on September 23, 2026 and the blackout immediately before it. The source-materials page was last updated on 29 May 2026 and still lists Revision 01.2024, so the September update changes the examination form rather than the body of law under test.
What this means for your preparation
The mistake that costs most candidates a sitting is confusing the exam update with a change in the law tested. The USPTO says the examination is updated on September 23, 2026, and separately that both the old and new versions test MPEP Ninth Edition, Revision 01.2024. The second mistake is timing: the exam is open-entry and year-round, so people book it around work and then discover the admission and scheduling steps run through two different systems.
What the September 23 update does and does not change
Read the two statements together. The examination is updated on September 23, 2026, and there is a blackout from September 17 to 22 while that happens, yet the source materials remain MPEP Ninth Edition, Revision 01.2024, published November 2024. The practical reading is that the question pool and form change while the body of material stays put. Do not throw away a revision plan built on Revision 01.2024 because of the update, and equally do not assume a commercial course that advertises itself as current has been rebuilt for the new form. The safe check is the USPTO's own source-materials list, which was last updated on 29 May 2026 and still names Revision 01.2024.
The 63-of-90 arithmetic, and what the ten beta items mean
Only 90 of the 100 questions count, and 63 correct is the pass. That leaves 27 scored questions you may get wrong. The ten unscored beta items are not identified during the exam, so a question that looks unfamiliar or oddly drafted may simply be a trial item that costs nothing. Candidates who become convinced mid-exam that the paper is unfairly hard often do so on the back of a cluster of beta questions. The right response is mechanical: answer everything, flag nothing for a second full pass unless time allows, and treat the unfamiliar items as noise rather than evidence about the rest of the paper.
Eligibility categories decide whether you even apply
Admission to the examination turns on the scientific and technical requirement. Category A accepts a bachelor's degree or higher in a listed technical subject, with computer science accepted as a B.S. only. Category B accepts other degrees plus prescribed coursework, for example 24 semester hours in physics, or 32 semester hours in specified combinations including eight semester hours of chemistry or physics. Category C rests on practical engineering experience evidenced by passing the Fundamentals of Engineering test. Category D is limited to design patent practice for architecture, fine arts, graphic design, industrial design or product design degrees. Work out your category before paying the 118 US dollar non-refundable application fee, because that fee does not come back.
Two systems: the OED portal and Prometric
Application goes through the Office of Enrollment and Discipline's online applicant portal, where forms, supporting documents and fees are handled electronically. Scheduling is a separate step with Prometric, which charges its own administration fee on top of the 226 US dollar examination fee. Candidates routinely underestimate the gap between admission and a usable appointment slot, particularly around the September blackout. Build the sequence backwards from the date you want to sit: portal application, admission, then Prometric booking, and expect the scarce resource to be test-centre availability rather than USPTO processing.
Using the 60-day review after a failed attempt
A candidate who fails may schedule a review session within 60 days through Prometric, and that session shows only the questions answered incorrectly. This is the most underused asset in the whole process. Because the retake interval is 30 days from the date of the last examination, a failed candidate who books the review promptly can still be eligible to retake shortly afterwards with a precise list of weaknesses rather than an impression. Go into the review with a structured tally by MPEP chapter, since the value lies in identifying which two or three chapters produced the bulk of the lost marks.
Common questions
Is the patent bar exam changing in September 2026?
Yes. The USPTO states that the registration examination will be updated on September 23, 2026, and that there is a testing blackout from September 17 to 22, 2026 while the update is made. Importantly, the USPTO also states that both the current and updated versions test materials in the MPEP Ninth Edition, Revision 01.2024. So the examination form changes on that date, but the body of source material candidates must study is unchanged by the update.
Which MPEP edition does the patent bar test?
The Manual of Patent Examining Procedure, Ninth Edition, Revision 01.2024, which the USPTO's source-materials list records as published November 2024. That list also names the Consolidated Trial Practice Guide of November 2019, the April 2013 final rules on changes to representation of others before the USPTO, and the Global and IP5 Patent Prosecution Highway pilot programmes. The source-materials page was last updated on 29 May 2026. Revising from a newer MPEP printing risks learning material that is not on the examination.
What does it cost to sit the USPTO registration examination?
The General Requirements Bulletin lists a non-refundable application fee of 118 US dollars and a registration examination fee of 226 US dollars. Prometric charges a separate administration fee for the test appointment itself, so the total is higher than the two USPTO figures alone. Where a higher moral character review is required, the bulletin lists a fee of 1,806 US dollars, of which 1,688 is potentially refundable. Fees should be confirmed in the current bulletin before applying, since they are revised periodically.
How many questions do I need right to pass?
Sixty-three. The examination has 100 multiple-choice questions, of which 90 are scored and 10 are unscored beta items being trialled for future forms. The pass standard is 70 per cent of the scored questions, which is 63 of 90. The USPTO notes that each scored question has appeared on previous examination forms and been psychometrically analysed. Unofficial results are given immediately on completing the exam at the test centre.
How soon can I retake the exam if I fail?
The General Requirements Bulletin sets the waiting period at 30 days after the date of the last examination. Separately, a candidate who fails may schedule a review session through Prometric within 60 days, at which only the incorrectly answered questions are shown. Used together, these let a candidate diagnose the specific chapters that cost the attempt and then retake with a targeted plan. Test-centre availability, rather than the 30-day rule, is usually what determines the actual retake date.
Do I need a science or engineering degree to take the patent bar?
You need to meet the scientific and technical requirement, but there is more than one route. Category A is a bachelor's degree or higher in a recognised technical subject, with computer science accepted as a B.S. only. Category B is another degree plus prescribed coursework, such as 24 semester hours in physics. Category C rests on passing the Fundamentals of Engineering test. Category D applies to design patent practice only and covers architecture, fine arts, graphic design, industrial design and product design degrees.
