Published March 28th, 2008
The Fortune of Agents
Today I took the patent agent registration exam, aka, the Patent Bar.
I passed, so now I can practice in front of the US Patent and Trademark Office, and represent clients just like an attorney. Except that I’m not an attorney. Yet. I’m just an agent.
The patent bar is hard. The pass rate is typically around 50%, whereas the pass rate for the Illinois Bar Exam is about 85%.
Various people have told me that you need to spend between 150 and 400 hours preparing for the exam. I spent about 80-90, but my 10+ years of working with patents on the client side of the fence may have given me a head start.
Like too many law-related exams, the patent bar is all about speed. You have six hours to answer 100 questions, and you’ll probably need all of it. The best way to study is to take a broad overview course, then to take as many practice exams as possible.
I took the PLI self-study course, then did exam drills and focused studying with Bullseye. I found the PLI course to be a good general overview, and their Patware CD to be a great way of taking practice exams, but the Bullseye course had a nice set of “frequently asked questions” and a solid outline.
In any case, the exam covers the entire Manual of Patent Examining Procedure (MPEP), a 3000-page monstrosity that includes all of the applicable patent laws, regulations, treaties, along with summaries of case, law, examples, and so on. The exam asks questions from just about everywhere in the MPEP. Although the exam is open book (you have a searchable PDF version of the MPEP on your exam computer), the tight time frame coupled with complicated fact patterns in questions makes it so that you don’t have enough time to look everything up.
Since questions are repeated from exam to exam, you need to memorize about 50 or so of the most commonly-asked questions in the hope that about 15-20 will show up on your exam. By having these questions down cold, you’ll buy yourself some time to look up answers to the rest.
Does the patent bar actually test your ability to be a good practitioner? Yes and no. Prosecuting patents is mostly about claim drafting, writing a good supporting description and arguing with the Patent Office. Knowing the matter tested by the MPEP is valuable, but is only part of the requisite knowledge. Perhaps these other topics are too hard to test.
I’m both surprised and relieved to have passed. The surprise is due to the fact that the exam was hard and at the end I wasn’t sure I had made it. And of course the relief is because I won’t have to sit through it again. Ever.