Fundamentals of the Patent Bar Exam

Since I've been girding my loins in anticipation of (finally) registering for the Patent Bar Exam, I've spent a lot of time on the US Patent site. Unfortunately, the instructions are not necessarily all that clear, and the process is definitely more than a little daunting. The next few days, I'm going to be writing a series of articles discussing (1)what the patent bar is; (2) whether you are eligible to sit for the exam; (3) the process by which you go about applying for said exam; and (4) how I plan to study for the exam.

Today, as indicated by this particular blog's name, I'm going to discuss the fundamentals of the Patent Bar Exam (PBE). The PBE is a 100-question standardized test administered across the United States in two ways: first, you can sit for it in a "commercially administered" environment. This simply means that you go to any one testing center in your state and take it at your leisure (within the six hour time constraint and within 90 days of being allowed to sit for the exam, of course). Second, you can request that the United States Patent and Trademark Office (the USPTO) administer your exam. If I'm not mistaken, there is a difference of prices between the two, the first option is computerized while the second is paper, and the USPTO administered exam does not allow you to pick the day on which it is administered or where it is taken. It is only administered in one place: at the United States Patent and Trademark Office in Alexandria, Virginia. I'm picking the first option, as I've already missed the 2012 exam time-frame and do not wish to wait until next summer before I take it, and I also prefer knowing instantly whether I passed or failed the exam (the waiting time is eliminated if you take it electronically).

Speaking of passing or failing the exam: I've heard that the failure rate is really high. While I'm not sure of the actual numbers from this year since they vary so widely, I am assuming that it includes all people taking the exam. Not only lawyers are allowed to take this exam (I will be discussing that particular topic in my next entry)--rather, anyone that meets prerequisites can take the exam, and then the distinction of patent agent v. patent attorney comes into play. If you take and pass the exam while you are a non-lawyer, then receive your license to practice law, you can apply to be formally recognized as a patent attorney. However, in order to pass, you must score 70% or higher. Although I mentioned previously that this exam is 100 questions, only 90 questions are actually scored. This means you have to get 63/90 questions right to pass.

The day of the exam, the test is split into two sections. In the morning, you have 3 hours to answer 50 questions. You repeat this process in the afternoon. You'll be provided with a computerized copy of the MPEP and will be expected to utilize your time wisely. At lot of resources are available for people who want to take the test. You can find old examinations and answers here. You can also find a lot of info from previous test-takers here, including test questions asked recently and people discussing nuances of the law. I'll be using these sites the next couple of months as I prepare to take my exam.

Thanks for reading my first entry regarding the PBE. I hope I've broken down things in a cohesive manner, but if you need to fill in any gaps, please visit the USPTO. Be sure to tune in soon for my next blog entry regarding whether or not you're eligible to sit for this exam. If you have any specific questions, feel free to ask me and I'll try to answer them.