The Patent Bar Exam will test over the MPEP 8th Edition, Revision 2 through October 17th, 2006.

After that time, it is expected that the exam will be based on the 8th Edition, Revision 4 MPEP. Currently, the estimated date for the testing of the new material will be Thursday, October 19th, 2006.

However, it is important to note that the USPTO will incorporate this new material into the exam, but the new questions will not be scored until sufficient beta testing of the new questions has taken place. You will not know which questions are beta questions. There will be 10 beta test questions in your exam. These beta questions will not be scored.

Therefore, although the new Revision 4 material will be incorporated into the exam starting on October 19th, it is likely this new material will only be included in the beta test questions and will not be scored.

Although you will have 100 questions to answer, only 90 of the questions will be scored. You will need to answer 63 questions or more correct in order to pass (70% of the 90 questions).

We do not know how long the USPTO keeps questions in beta, but it is likely any new material is kept in beta for several months.

The PES-System Patent Bar Review course now includes a Revision 4 supplement to keep you up-to-date on these changes. Please click here to learn more about the patent bar review course.

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You will have access to the MPEP 8th edition, Revision 2 during the Patent Bar Exam.  Therefore, we are suggesting that clients study Revision 2 during their preparations.

We are currently monitoring the USPTO’s website for the notice that a later revision of the MPEP will be provided.  When this notice is posted, the USPTO will provide us with a 90-day period during which time Revision 2 will still be tested. 

The USPTO will offer a paper and pencil version of the Patent Bar Exam between July 12 and the 14th (2006).

This will be in addition to the electronic exams which may be taken at virtually any time throughout the year at a Prometric testing agency.

If you are interested in taking a paper version of the exam (rather than the computerized version), you may do so by filing an application along with the appropriate fees by April 10, 2006. Applications filed after April 10th will not be considered.

The paper version of the exam will only be held in Alexandria, Virginia. Just like the computerized exams, you will not be allowed to bring anything in, but the PTO will provide you with a copy of the MPEP (this will be in paper form).

You may decide whether the computerized or paper version of the exam is better suited for you. Once again, please refer to the official Admissions bulletin on the USPTO website for the details:

http://www.uspto.gov/web/offices/dcom/gcounsel/oed.htm