The Details of the Computerized Patent Bar Exam
All the questions on the Patent Bar exam come from the MPEP (Manual of Examining Procedure). In addition, the exam is open book and is composed of 100 multiple choice questions.
Piece of cake, right?
Who's going to let a 100 question, multiple choice, open-book exam stand in the way of opening an entirely new career door?
Surely not you. But before you rush off, let's spend a little time back in reality.
Pass rates for the Patent Bar exam aren't very high, ranging from 37% up to 72%. On the average, they seem to hover right around 50%.
But, how can that be? Surely the examinees are bright engineers and scientists?
Indeed, they are, but the test is difficult. First of all, the fact that it is open book is a little misleading. You won't have time to look much up at all. At best, in the past, a highly organized test taker with a well-tabbed, consolidated outline of the tested material might have had the time to look up 25 questions during the whole 6 hour ordeal (and unfortunately, you won't have that luxury ... just keep reading).
The reason for this low look-up rate is that the questions tend to be long and complex. In addition, a single question may have up to 5 topics in it. Secondly, quite a number of the questions are tricky. The PTO provides too much info on some and believe it or not, there are even questions with no correct answer at all.
The new phase.
Now, things have changed. The PTO has computerized the exam. On the up-side, that means you won't have to dig up your #2 pencils and fill out those scan-tron sheets from grade school all over again. The PTO has modernized the exam and you will get to sit in front of a computer for the new era of Patent Bar exams.
So what does this mean for you as a future test-taker?
The test follows the same basic format as before with two, three-hour sessions consisting of 50 questions each. Out of the 100 questions, you will still need to answer 70% correctly to pass.
Where things start to differentiate is that you will now have an "individual testing experience", meaning the PTO has a pool of questions they will randomly select 100 questions from. That way, your buddy Jim with the photographic memory can't go in and take the test a week before you and tell you exactly which questions are on the exam. And that brings us to our next point.
In the past, the exam was administered twice a year, once in April and once in October. Now, the PTO is offering exams virtually every weekday at Prometric testing facilities all over the country.
One downfall is that you cannot bring in any of your own materials to the new Patent Bar exams (remember when I said you wouldn't have the same luxury?). That means you can't bring in your tabbed study materials with the notes written in the margins. Unfortunately, those books that you will become so attached to will have to stay at home.
The PTO has decided that you can still have access to the MPEP, 37 C.F.R. and 35 U.S.C., but these will be in the form of a computerized PDF version. That means it will be a little more cumbersome to look things up.
You will need to actually learn more before the exam, but that is the point of these tests after all. Review our PES-System Patent Bar Review course for details on how we can help you pass the Patent Bar exam with less frustration.
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