"Why Should I Take the Patent Bar Exam?"

Even if you have no plans to be a patent attorney, passing the patent bar exam can give you a distinct advantage. In fact, it may be a requirement: if you're a science or engineering graduate and you expect to handle patent matters before the United States Patent and Trademark Office, you must pass the patent bar exam and register as a patent agent.

Of course, the main reason to pass the patent bar exam is the same reason you are pursuing a career in law (or science, or engineering, etc.): a high-paying, rewarding job at the firm of your choosing, or on your own. A scientist or engineer working as a Patent Liaison (or Patent Coordinator) can be an indispensable asset.

This is your future we're talking about. Remember, you may already be in the hole for a small fortune (student loans and credit card debt) by the time you graduate; it's almost a requirement that you line up a high-paying job right out of the gate!

Preparing for--and passing--the patent bar exam will give you the knowledge and confidence you need to discuss patent matters with a potential employer. Going in with a registration number and impressing your interviewer will make a summer internship at the right firm that much more likely.

The knowledge and confidence you get by passing the patent bar exam will virtually assure that your efforts will have more of an impact than those of your uninitiated competitors. By making an impressive contribution to the firm, you will be at the front of the line for that full-time job at the firm of your choosing. Once again, that registration number gives you the distinct advantage.

Once you land your dream job, you need to succeed. Studying and preparing for the patent bar exam won't be a distraction--you've already passed! Patent applications and prosecutions won't be a problem--you've already hit the ground running.

The patent bar exam is the threshold test that must be passed to become a member of the patent bar and to practice patent law. The exam is administered by the OED (Office of Enrollment and Discipline), which is an office in the USPTO. It is administered at numerous testing centers throughout the country on a daily basis. The exam is administered by Thomson-Prometric, the same organization that administers the GRE and many other professional exams. The exam is scheduled on a specific date by the candidate taking the exam (usually by phone or over the internet). The exam is given on a computer in two three-hour sections, each containing 50 questions (for a total of 100 questions), with a short lunch break in between. All of the questions are multiple choice, each offering five choices, and are selected from a confidential question pool on a daily basis. Once a candidate has completed the exam, the computer will indicate whether he or she has passed. Currently, the total cost of taking the exam is $390, which includes all fees. The OED/USPTO publishes a bulletin (http://patbar.com/grb.pdf) that provides all of the necessary information to apply for the exam, including special forms that must be used by the applicant.

If you qualify to take the patent bar exam and have an interest in patents and IP, you should plan to take the patent bar exam even before you start law school. Many students have somewhat of a lull during the months before starting law school, which is a perfect time to prepare for and pass the patent bar exam. Passing the exam at that time will allow a law student to benefit from this prestigious credential as soon as possible and will increase the student's confidence in his or her ability to excel in law school.

Once you have started law school, the time to study for the patent bar exam will likely be limited. During the summer after completing the first year of law school, it is very difficult and unusual to obtain any kind of law related work except as a volunteer, intern, or researcher for a professor. For this reason, the first summer in law school is the very best time to pass the patent bar exam if you have not already done so. This will set you up for receiving the best offers for internships the following summer. In most cases, the very best jobs go to interns that have worked at a firm while in law school.

If you are entering your second year and have not passed the exam, it is possible to take a reduced load in one of your remaining semesters and take it at that time. Even if you are somewhat late in passing the patent bar exam, it is still better than joining a law firm and trying to study while acclimating to the new and rigorous life of an associate. In every case--no matter what--you must avoid failing the patent bar exam or a state bar exam while you are employed by a law firm.

Anyone preparing for the patent bar must master what may be defined as the core curriculum that is tested on the exam, have scored above 90% on each of many practice exams, and have learned how to manage and navigate the MPEP. Sound preparation requires several distinct activities and the development of a number of different skills.

Mastering the core curriculum usually requires studying 75 to 100 hours using a well written, focused and efficient study guide. This should include study sessions, lectures, and sample questions. A few weeks before the exam is given, a student should begin preparing his or her own 30-50 page outline (just like law school) for reviewing the core curriculum.

After completing the core curriculum phase, a student must begin honing exam-taking skills by using an exam simulator to take complete exams. This phase will enable the student to develop an understanding of how best to navigate and search the MPEP, where to find different materials and topics, and how to manage his or her time during the exam. This phase should take another 30-50 hours of preparation time.