Patent Bar Authority Guide ✓ Verified for MPEP Ninth Edition, Rev. 01.2024 (Nov 2024) Updated for 2026 Exam Window

How Many Times Can You Take the Patent Bar?

There is no lifetime limit on the number of times you can take the USPTO Patent Bar Exam; however, each retake requires submitting a new application with $575 in combined USPTO and Prometric fees and observing the mandatory waiting period specified in your OED score notice.

Key 2026 Takeaways at a Glance

✓ Unlimited lifetime attempts under 37 CFR 11.7(b), provided you remain eligible and pay the re-application and exam fees.
✓ Mandatory waiting period between attempts (typically 30 days after the first or second attempt, and 90 days after subsequent attempts).
✓ Failing candidates can schedule an optional 60-minute score review session at Prometric to inspect the questions they missed.

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USPTO Patent Bar Retake Rules, Waiting Periods & Costs

If you do not achieve the 70% (63/90) passing score on your first attempt, here is how the USPTO OED handles subsequent attempts:

Retake Rule	USPTO OED Policy
Maximum Lifetime Attempts	Unlimited (No lifetime cap)
Waiting Period Before Retesting	30 days (initial retakes) / 90 days (after 3rd+ attempt) as stated on your OED result notice
Retake Fees Required	$110 OED Application + $210 USPTO Exam Fee + $255 Prometric Seat Fee = $575
Transcript Resubmission	Not required—OED retains your approved technical transcripts on file

How This Topic Fits Into the 2026 USPTO Registration Examination Blueprint

Every question on the USPTO Patent Bar Exam traces directly back to three primary legal authorities loaded onto Prometric testing workstations: Title 35 of the United States Code (35 U.S.C. 101 Subject Matter Eligibility, 35 U.S.C. 102 Novelty & Prior Art, 35 U.S.C. 103 Obviousness, and 35 U.S.C. 112 Specification & Claims), Title 37 of the Code of Federal Regulations (37 CFR Parts 1, 11, 41, and 42), and the Manual of Patent Examining Procedure (MPEP Ninth Edition, Rev. 01.2024).

Prometric Exam Day Execution Checklist

During each 3-hour, 50-question Prometric session, you have exactly 3.6 minutes (216 seconds) per question. High-scoring candidates answer 35 to 40 questions on their first pass using memorized rules from MPEP 700, MPEP 200, MPEP 600, and MPEP 1800, and reserve the final 50–60 minutes to look up marked edge-case exceptions in the on-screen MPEP PDF viewer.

AIA vs. Pre-AIA & Deadline Verification Protocol

Before selecting an option on any Patent Bar question, run a three-point check: (1) check the effective filing date against the March 16, 2013 AIA transition date, (2) verify whether the deadline is extendable under 37 CFR 1.136(a) or non-extendable by statute (such as the 12-month provisional period, 6-month maximum reply cap, or 2-year broadening reissue rule in MPEP 1400), and (3) check whether the proceeding is before the examiner, the PTAB (MPEP 1200), or Ex Parte Reexamination (MPEP 2200).

To turn passive reading into a passing 70%+ score (63 out of 90 scored questions), pair this guide with active question drills in our Free 50-Question Practice Hub, review worked hypotheticals on our Example Questions page, and benchmark your lookup speed in the Timed Patent Bar Mock Exam Simulator.

Frequently Asked Questions

Do Law Firms know how many times I took the Patent Bar?

No. Your official USPTO Registration Number and the public OED Patent Attorney/Agent Roster only show your registration number and date of registration—never your score or number of attempts.

Do I have to resend my college transcripts if I retake the Patent Bar?

No. Once OED has approved your scientific and technical qualifications, your transcripts remain in your OED file for future re-applications.