Page 1

General Requirements Bulletin

for Admission to the

Examination for Registration

to Practice in Patent Cases

Before the

United States Patent and Trademark Office

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

General Requirements Bulletin

Table of Contents

Page

General Registration Information

1

Category A Requirements

4

Category B Requirements

5

Option 1, Category B

5

Option 2, Category B

5

Option 3, Category B

5

Option 4, Category B

5

Category C

8

Eligibility of Aliens

8

Ineligible Applicants

8

Instructions for Applying for Admission to the

Examination

10

Instructions for Completing the Application

Form PTO 158

11

Line-by-Line Instruction

11

The Application Process Following Admission

16

to the Examination

Reasonable Accommodations

17

The Examination

18

USPTO Test Administration

19, 21, 22,

23, 25

Test Administration

19

Reapplying for the Exam

23

Refunds and Deferral of USPTO Fees

24

Registration as a Patent Attorney

26

Finding OED Information on the Internet

27

Certificate of Mailing under 37CFR 1.8

28

OED Privacy Act Advisory Statement

29

Forms

Issued January 2008.

This is a revision of the General Requirements Bulletin issued June 2007

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GENERAL REGISTRATION INFORMATION

I. RECOGNITION OF ATTORNEYS AND AGENTS - RULES

The regulations governing the recognition of individuals to practice before the United States

Patent and Trademark Office (USPTO or Office) in patent cases are set forth in 37 CFR

žž 11.5, 11.6, 11.7, 11.8 and 11.9. Please note that recognition under the regulations

reproduced below is limited to representing individuals in patent cases only, not trademark

cases. Relevant portions of the regulations are reproduced below.

ž 11.5 Register of attorneys and agents in patent matters.

A register of attorneys and agents is kept in the Office on which are entered the names of all

individuals recognized as entitled to represent applicants having prospective or immediate

business before the Office in the preparation and prosecution of patent applications.

Registration in the Office under the provisions of this Part shall entitle the individuals so

registered to practice before the Office only in patent matters.

ž 11.6 Registration of attorneys and agents.

(a) Attorneys. Any citizen of the United States who is an attorney and who fulfills the

requirements of this Part may be registered as a patent attorney to practice before the Office.

When appropriate, any alien who is an attorney, who lawfully resides in the United States, and

who fulfills the requirements of this Part may be registered as a patent attorney to practice

before the Office, provided that such registration is not inconsistent with the terms upon which

the alien was admitted to, and resides in, the United States and further provided that the alien

may remain registered only: (1) If the alien continues to lawfully reside in the United States

and registration does not become inconsistent with the terms upon which the alien continues

to lawfully reside in the United States, or (2) If the alien ceases to reside in the United States,

the alien is qualified to be registered under paragraph (c) of this section. See also ž 11.9(b).

(b) Agents. Any citizen of the United States who is not an attorney, and who fulfills the

requirements of this Part may be registered as a patent agent to practice before the Office.

When appropriate, any alien who is not an attorney, who lawfully resides in the United States,

and who fulfills the requirements of this Part may be registered as a patent agent to practice

before the Office, provided that such registration is not inconsistent with the terms upon which

the alien was admitted to, and resides in, the United States, and further provided that the alien

may remain registered only: (1) If the alien continues to lawfully reside in the United States

and registration does not become inconsistent with the terms upon which the alien continues

to lawfully reside in the United States or (2) If the alien ceases to reside in the United States,

the alien is qualified to be registered under paragraph (c) of this section. See also ž 11.9(b).

(c) Foreigners. Any foreigner not a resident of the United States who shall file proof to the

satisfaction of the OED Director that he or she is registered and in good standing before the

patent office of the country in which he or she resides and practices, and who is possessed of

the qualifications stated in ž 11.7, may be registered as a patent agent to practice before the

Office for the limited purpose of presenting and prosecuting patent applications of applicants

located in such country, provided that the patent office of such country allows substantially

reciprocal privileges to those admitted to practice before the Office. Registration as a patent

agent under this paragraph shall continue only during the period that the conditions specified

in this paragraph obtain…

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ž 11.7 Requirements for registration.

(a) No individual will be registered to practice before the Office unless he or she has:(1)

Applied to the USPTO Director in writing by completing an application for registration form

supplied by the OED Director and furnishing all requested information and material; and (2)

Established to the satisfaction of the OED Director that he or she: (i) Possesses good moral

character and reputation; (ii) Possesses the legal, scientific, and technical qualifications

necessary for him or her to render applicants valuable service; and (iii) Is competent to advise

and assist patent applicants in the presentation and prosecution of their applications before

the Office.

(b)(1) To enable the OED Director to determine whether an individual has the qualifications

specified in paragraph (a)(2) of this section, the individual shall:

(i) File a complete application for registration each time admission to the registration

examination is requested. A complete application for registration includes: (A) An application

for registration form supplied by the OED Director wherein all requested information and

supporting documents are furnished, (B) Payment of the fees required by ž 1.21(a)(1) of this

subchapter, (C) Satisfactory proof of scientific and technical qualifications, and (D) For aliens,

proof that recognition is not inconsistent with the terms of their visa or entry into the United

States.

(ii) Pass the registration examination, unless the taking and passing of the examination

is waived as provided in paragraph (d) of this section. Unless examination is waived pursuant

to paragraph (d) of this section, each individual seeking registration must take and pass the

registration examination to enable the OED Director to determine whether the individual

possesses the legal and competence qualifications specified in paragraphs (a)(2)(ii) and

(a)(2)(iii) of this section. An individual failing the examination may, upon receipt of notice of

failure from OED, reapply for admission to the examination. An individual failing the

examination must wait thirty days after the date the individual last took the examination before

retaking the examination. An individual reapplying shall: (A) File a completed application for

registration form wherein all requested information and supporting documents are furnished,

(B) Pay the fees required by ž 1.21(a)(1) of this subchapter, and (C) For aliens, proof that

recognition is not inconsistent with the terms of their visa or entry into the United States; and

(iii) Provide satisfactory proof of possession of good moral character and reputation.

(2) An individual failing to file a complete application for registration will not be admitted to the

examination and will be notified of the incompleteness. Applications for registration that are

incomplete as originally submitted will be considered only when they have been completed

and received by OED, provided that this occurs within sixty days of the mailing date of the

notice of incompleteness. Thereafter, a new and complete application for registration must be

filed. Only an individual approved as satisfying the requirements of paragraphs (b)(1)(i)(A),

(b)(1)(i)(B), (b)(1)(i)(C) and (b)(1)(i)(D) of this section may be admitted to the examination.

(3) If an individual does not reapply until more than one year after the mailing date of a notice

of failure, that individual must again comply with paragraph (b)(1)(i) of this section.

(c) Each individual seeking registration is responsible for updating all information and answers

submitted in or with the application for registration based upon anything occurring between the

date the application for registration is signed by the individual, and the date he or she is

registered or recognized to practice before the Office in patent matters. The update shall be

filed within thirty days after the date of the occasion that necessitates the update….

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II. REQUEST FOR WAIVER OF THE EXAMINATION FOR FORMER UNITED STATES

PATENT AND TRADEMARK OFFICE EMPLOYEES UNDER 37 CFR ž 11.7(d)

Former patent examiners who by July 26, 2004 had not actively served four years in the

patent examining corps, and were serving in the corps at the time of their separation must

consult 37 CFR ž 11.7(d)(1) for registration requirements premised on their service as patent

examiner.

Former patent examiners who by July 26, 2004 had actively served four years in the patent

examining corps, and were serving in the corps at the time of their separation must consult 37

CFR ž 11.7(d)(2) for registration requirements premised on their service as a patent examiner.

Certain other former Office employees who were not serving in the patent examining corps

upon their separation from the Office must consult 37 CFR ž 11.7(d)(3) for registration

requirements premised upon their service in the Office.

Former Office employees must meet the scientific and technical training requirements for

admission to the registration examination. Former Office employees, including examiners,

seeking registration by the waiver must submit the following documents:

� Application for Registration to Practice before the United States Patent and Trademark

Office [Form PTO-158],

� Undertaking Under 37 CFR ž 11.10(b) [Form PTO-275] (if not previously completed and

submitted)

� Application fee as required by 37 CFR ž 1.21(a)(1)(i) or 37 CFR ž 1.21(a)(10). Please

make payment by check or money order payable to the Director of the United States

Patent and Trademark Office.

� Official Transcripts. Former Office employees may provide a copy of an official transcript

on file in the United States Patent and Trademark Office's Office of Human Resources. A

USPTO OHR staff member must note that the original is in the former employee's

personnel file.

To request waiver of the examination, place an "X" in the appropriate box of the Application

for Registration. Please provide documentation showing satisfaction of the requirements of 37

CFR ž 11.7(d)(1) or (d)(2) or (d)(3). All relevant documentation must be submitted with the

application. Please refer to the Instructions for Applying for Admission to the Examination for

additional information.

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III. SCIENTIFIC AND TECHNICAL TRAINING REQUIREMENTS FOR ADMISSION TO THE

EXAMINATION

An applicant applying for the examination must demonstrate that he or she possesses the

scientific and technical training necessary to provide valuable service to patent applicants.

Applicants bear the burden of showing the requisite scientific and technical training. To be

admitted to the examination, each applicant must demonstrate possession of the required

scientific and technical training.

A. CATEGORY A: Bachelor's Degree in a Recognized Technical Subject. An applicant will be

considered to have established to the satisfaction of the OED Director that he or she

possesses the necessary scientific and technical training if he or she provides an official

transcript showing that a Bachelor's degree was awarded in one of the following subjects by

an accredited United States college or university, or that the equivalent to a Bachelor's degree

was awarded by a foreign university in one of the following subjects:

Biology

Pharmacology

Electrochemical Engineering

Biochemistry

Physics

Engineering Physics

Botany

Textile Technology

General Engineering

Computer Science*

Aeronautical Engineering

Geological Engineering

Electronics Technology

Agricultural Engineering

Industrial Engineering

Food Technology

Biomedical Engineering

Mechanical Engineering

General Chemistry

Ceramic Engineering

Metallurgical Engineering

Marine Technology

Chemical Engineering

Mining Engineering

Microbiology

Civil Engineering

Nuclear Engineering

Molecular Biology

Computer Engineering

Petroleum Engineering

Organic Chemistry

Electrical Engineering

*Acceptable Computer Science degrees must be accredited by the

Computer Science Accreditation Commission (CSAC) of the Computing

Sciences Accreditation Board (CSAB), or by the Computing Accreditation

Commission (CAC) of the Accreditation Board for Engineering and

Technology (ABET), on or before the date the degree was awarded.

Computer science degrees that are accredited may be found on the Internet

(http://www.abet.org).

An applicant with a Bachelor's degree in one of the above-identified subjects must submit an

official original transcript from the college or university. A diploma, copy of the diploma, or copy of

the transcript will not be accepted. The official original transcript will be accepted from applicants.

The college or university transcript must be official/original and include the university stamp or

seal.

i. Bachelor’s Degrees In Other Subjects: An applicant with a Bachelor’s degree in a subject

not listed above, such as Biological Sciences, Pharmacy, Mechanical Technology, or a Computer

Science degree from an institution that was not accredited by the CSAC of the CSAB or by the

CAC of ABET on or before the date the degree was awarded must establish to the satisfaction of

the OED Director that he or she possesses the necessary scientific and technical training under

either Category B or Category C below.

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ii. Graduate Degrees: An applicant who has a Master's or higher level degree in one of the

subject areas listed above, but does not have a Bachelor's degree in such subject, must

established to the satisfaction of the OED Director that he or she possesses the necessary

scientific and technical training. Possession of the necessary scientific and technical training may

be satisfactorily established in the manner set forth under either Category B or Category C below.

B. CATEGORY B: Bachelor's Degree in Another Subject. An applicant with a Bachelor's degree

in a subject other than one of those listed in Category A, must establish to the satisfaction of the

OED Director that he or she possesses scientific and technical training equivalent to that

received at an accredited U.S. college or university for a Bachelor's degree in one of the

subjects listed in Category A. To establish such equivalence to the satisfaction of the OED

Director, an applicant can satisfy one of the following four options, other training, or other

education listed below. The applicant must submit the necessary documentation and objective

evidence showing satisfaction of one of the options or other means of qualifying.

i. Option 1: 24 semester hours in physics. Only physics courses for physics majors will be

accepted.

ii. Option 2: 32 semester hours in a combination consisting of the following:

� 8 semester hours of chemistry or 8 semester hours of physics, and

� 24 semester hours in biology, botany, microbiology, or molecular biology.

� The 8 semester hours in chemistry or 8 semester hours of physics must be obtained in two

sequential courses, each course including a lab. Only courses for science or engineering

majors will be accepted.

iii. Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry majors will

be accepted.

iv. Option 4: 40 semester hours in a combination consisting of the following:

� 8 semester hours of chemistry or 8 semester hours of physics, and

� 32 semester hours of chemistry, physics, biology, botany, microbiology, molecular biology, or

engineering. (For Computer Science, see other acceptable course work.)

� The 8 semester hours of chemistry or 8 semester hours of physics must be obtained in two

sequential courses, each course including a lab. Only courses for science or engineering

majors will be accepted. For Computer Science, see other "Other Acceptable Course

Work."

All acceptable coursework for Options 2 and 4 must be for science or engineering majors.

v. Transcripts: Official original transcripts are required to establish both the award of a

Bachelor's degree and completion of each course relied on to establish scientific and technical

training in Category B.

Please note that a diploma, copy of a diploma, or copy of a transcript is not acceptable evidence

of a degree. Each applicant must provide an original official transcript from a college or university

as evidence of the degree received. An official transcript issued to an applicant will be accepted

provided the transcript includes an original university or college stamp or seal. A letter from the

registrar specifying a degree or degrees is not acceptable.

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Transcripts must show the same name as the application. An applicant who has changed his or

her name must submit legal documentation of the name change, such as a marriage certificate or

court order.

The transcript must be official and original. However, the applicant may send the transcript to

OED as the transcript does not need to be sent to OED directly from the university or college.

An applicant instructing a college or university to send transcripts directly to the OED at the

USPTO should provide this information in a letter accompanying the application. Applicants are

urged to furnish the university or college with a copy of a certificate of mailing (enclosed in this

bulletin) and instruct the institution to include a completed and signed certificate of mailing in the

envelope with the transcript.

vi. Course Descriptions: For each course relied upon in Options 1, 2, 3, or 4 above, applicants

must furnish an official course description which is concurrent with the year in which the course

was taken to accompany the official original transcript. The course descriptions must include:

� Copies of the catalog cover page showing the year, the page(s) describing the requirements for

the major and

� Complete pages describing the courses to be considered.

vii. Grades: Only courses with a grade of C- or better will be accepted. To speed the review

process, please highlight the courses to be considered on the transcripts and course descriptions

submitted.

viii. Quarter hour conversion: A semester hour is a unit of academic credit fulfilled by

completing one hour of class instruction each week for one semester, a semester being a division

constituting half of the regular academic year, lasting typically from 15 to 18 weeks. For credits

earned at a university or college in which the term is less than the 15 to 18 week semester, the

credits earned at that university or college will need to be adjusted to determine whether the

applicant established to the satisfaction of the OED Director that he or she possesses the

necessary scientific and technical training under Category B. To convert trimester credit hours or

quarter hours into semester hours, multiply the quarter hours or trimester credit hours by 2/3.

ix. Translations: Certified English translations of foreign language documents, such as

transcripts, course descriptions and any other supporting documentation must be furnished for the

foreign language documents to be considered.

x. Other Acceptable Course Work: Under Option 4, up to four semester hours will be accepted

for courses in design engineering or drafting. Also, under Option 4, computer science courses

that stress theoretical foundations, analysis, and design, and include substantial laboratory work,

including software development will be accepted. Such courses include the representation and

transformation of information structures, the theoretical models for such representations and

transformations, basic coverage of algorithms, data structures, software design with a laboratory,

programming languages with a laboratory, and computer organization and architecture. Other

acceptable courses in computer science include artificial intelligence and robotics, networking,

linear circuits, logic circuits, operating systems, and software methodology and engineering.

However, the courses may not be substituted for the eight semester hours of chemistry or physics

required under Option 4.

- 6 -

xi. Typical Non-Acceptable Course Work: The following typify courses that are not accepted

as demonstrating the necessary scientific and technical training: anthropology; astronomy;

audited courses; behavioral science courses such as psychology and sociology; continuing legal

education courses; courses in public health; courses relating technology to politics or policy;

courses offered by corporations to corporate employees; courses in management, business

administration and operations research; courses on how to use computer software; courses

directed to data management and management information systems; courses to develop manual,

processing or fabrication skills (e.g. machine operation, wiring, soldering, etc.); courses taken on

a pass/fail basis; correspondence courses; ecology; economics of technology; courses in the

history of science, engineering and technology; field identification of plants and/or animals; home

or personal independent study courses; high school level courses; mathematics courses; one day

conferences; patent law courses; paleontology; political science courses; repair and maintenance

courses; radio operator license courses; science courses for non-science majors; vocational

training courses; and work study programs. Also not accepted are college research or seminar

courses where the course content and requirements are not set forth in the course descriptions;

and courses that do not provide scientific and technical training. Further, not accepted are

courses that repeat, or which are substantially the same as, or are lesser-included courses for

which credit has already been given.

xii. Other Training: Other factors will also be considered on a case-by-case basis with respect

to scientific and technical training. The OED will consider expertise in scientific and technical

training which is equivalent to that of a Bachelor's degree in a subject listed in Category A. An

applicant without a degree listed in Category A has the burden of establishing possession of

sufficient training and expertise in science or engineering to be equivalent to that of a Bachelor's

degree in a subject listed in Category A. Objective evidence demonstrating that training is

equivalent to training received in courses accepted under Category A may establish such

equivalency.

xiii. Other Education: Other education (e.g., foreign education, academic credit for work

experience, military education, life experience, etc.) is acceptable to the extent objective evidence

demonstrates the education is equivalent to that received at an accredited U. S college or

university in one of the subjects listed in Category A. For example, such education may be met

by one of the following showings:

a. The specific courses have been accepted for college-level credit in a Category A subject by

an accredited U.S. college or university because they would be creditable if the student were

to further his or her education at that institution.

b. The academic credit earned in a Category A subject earned through a special credit program,

such as the College Level Examination Program (CLEP), and an accredited college or

university has awarded credit.

c. If credit has been given for life experience, the college or university must identify the course

work area(s) or courses in a Category A subject for which the credit is given. Life experience

credit for courses that are not identified in its course catalog as part of a college or university's

curriculum is not acceptable, unless the college or university is giving credit for course work in

a Category A subject that is a prerequisite for more advanced courses in Category A included

in its curriculum.

d. Credit in a Category A subject for home study course work has been granted by a

postsecondary institution accredited by the National Home Study Council.

e. An accredited U.S. State college or university reports the degree from another institution as

one whose transcript is given full value, and full value is given in a Category A subject

applicable to the curricula at the U.S. State college or university.

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f. The education completed outside the U.S. has been submitted to a private organization that

specializes in interpretation of foreign educational credentials and such education has been

deemed at least equivalent to that gained in conventional U.S. education programs. The

Council on Postsecondary Accreditation may be of some help in providing information on

these organizations.

g. Credits from the United States Department of Agriculture (USDA) Graduate School, or other

institutions determined to be equivalent for this purpose, are accepted by an accredited

institution on the same basis as study in accredited colleges and universities.

xiv. Military Service: Although the OED will not evaluate and award credit for military service,

credit may be granted for technical courses taken pursuant to military training. The applicant has

the burden of showing the semester hours credit each course relied upon would be accorded

toward a degree at an accredited U.S. University or college. Applicants should consult the Guide

to Evaluation of Educational Experience in the Armed Services, which is available through the

American Counsel on Education, Military Evaluation Program, 1 Dupont Circle, Washington, DC

20036.

C. CATEGORY C: Practical Engineering or Scientific Experience. An applicant relying on practical

engineering or scientific experience or who does not qualify under Category A or B above may

establish the required technical training by demonstrating that he or she has taken and passed

the Fundamentals of Engineering (FE) test. The FE test is a test of engineering fundamentals.

The FE test is developed and administered by a State Board of Engineering Examiners in each

State or comparable jurisdiction. Neither the USPTO nor any other U.S. Government agency

administers the test. Applicants desiring to take the FE test should direct inquiries to the

Secretaries of the appropriate State Boards. Official results of the FE test must be submitted to

establish qualification under this category. Applicants attempting to qualify under Category C

must submit an official original transcript showing the award of a Bachelors degree.

D. ALL BUSINESS TRANSACTED IN WRITING: All business with the USPTO should be transacted in

writing. Personal attendance is unnecessary. The action of OED will be based exclusively on the

written record in the Office. 37 CFR ž 1.2.

E. ELIGIBILITY OF ALIENS: Applicants who are not United States citizens and do not reside in the

U.S. are not eligible for registration except as permitted by 37 CFR ž 11.6(c). Presently, the

Canadian Patent Office is the only Patent Office recognized as allowing substantially reciprocal

privileges to those admitted to practice before the USPTO. The registration examination is not

administered to aliens who do not reside in the United States.

Aliens residing in the United States may apply to take the registration examination. To be

admitted to the examination, an applicant must establish that recognition is consistent with the

capacity of employment authorized by the Unites States Citizenship and Immigration Services

(USCIS) (formerly U.S. Immigration and Naturalization Service ("INS")). The evidence must

include a copy of both sides of any work or training authorization and copies of all documents

submitted to and received from the USCIS regarding admission to the United States and a copy of

any documentation submitted to the U.S. Department of Labor. Qualifying non-immigrant aliens

within the scope of 8 CFR ž 274a.12(b) or (c) are not registered upon passing the examination.

Such applicants will be given limited recognition under 37 CFR ž 11.9(b) if recognition is

consistent with the capacity of employment or training authorized by the USCIS. Documentation

establishing an applicant’s qualification to receive limited recognition must be submitted with the

applicant's application.

- 8 -

Qualifying documentation would show that the USCIS has authorized the applicant to be

employed or trained in the capacity of representing patent applicants before the USPTO by

preparing and prosecuting their patent applications. Any USCIS approval pending at that time will

result in the applicant's application being denied admission to the examination.

F. INELIGIBLE APPLICANTS:

i. Convictions: Conviction” or “convicted” is defined by 37 CFR 11.1 as meaning any confession

to a crime; a verdict or judgment finding a person guilty of a crime; any entered plea, including

nolo contender or Alford plea, to a crime; or receipt of deferred adjudication (whether judgment or

sentence has been entered or not) for an accused or pled crime. Applicants convicted of a felony,

or a crime involving moral turpitude or breach of trust, are not eligible for registration or to apply

for registration during the time of any sentence (including confinement or commitment to

imprisonment), deferred adjudication, and period of probation or parole as a result of the

conviction and for a period of two years after the date of successful completion of said sentence,

deferred adjudication, and probation or parole. See 37 CFR ž 11.7(h)(1). Such applicants must

file with an Application for Registration the fees required by 37 CFR žž 1.21(a)(1)(ii) and 1.21(a)

(10) of this subchapter. The OED Director will determine whether the person has produced

satisfactory proof of reform and rehabilitation, including at a minimum a sufficient period of

exemplary conduct. An applicant subject to the provisions of 37 CFR ž 11.7(h)(1) must submit

the fee specified in 37 CFR ž 1.21(a)(10) for each determination by the OED Director under 37

CFR ž 11.7.

ii. Disciplined Professionals: Applicants who have been disbarred from practice of law or other

profession, or who have resigned a professional license in lieu of a disciplinary proceeding, are

ineligible to apply for registration for a period of five years from the date of disbarment or

resignation. Applicants suspended on ethical grounds from the practice of law or other profession

are ineligible to apply for registration until expiration of the period of suspension. An applicant

who, in addition to being disbarred, suspended or resigned, also has been convicted of a felony or

a crime involving moral turpitude or breach of trust is ineligible to apply for registration until the

conditions of both 37 CFR žž 11.7(h)(1) and 11.7 (h)(4) have been fully satisfied. See 37 CFR

ž 11.7(h)(4). An applicant subject to the provisions of 37 CFR ž 11.7(h)(4) must submit the fee

specified in 37 CFR ž 1.21(a)(10) for each determination by the OED Director under 37 CFR

ž 11.7.

iii. Previously Denied For Lack Good of Moral Character and Reputation: Applicants refused

registration for lack of present good moral character and reputation in a USPTO Director’s

decision; or in the absence of a USPTO Director’s decision, in a recommendation of the OED

Director and Committee on Enrollment, are ineligible to reapply for registration for two years after

the date of the decision, unless a shorter period is otherwise ordered by the USPTO Director. An

applicant under investigation for moral character and reputation who elects to withdraw his or her

application is ineligible to reapply for registration for two years after the date of withdrawal. See

37 CFR ž 11.7(k). Such an applicant must pay the fees required by 37 CFR žž 1.21(a)(1)(ii) and

1.21(a)(10) upon filing an application, and has the burden of showing his or her fitness to practice.

The applicant also must pass the registration examination even if applicant previously passed the

examination. An applicant subject to the provisions of 37 CFR ž 11.7(k) must submit the fee

specified in 37 CFR ž 1.21(a)(10) for each determination by the OED Director under 37 CFR

ž 11.7. For purposes of 37 CFR ž 1.21(a)(10), an applicant who withdraws his or her application

during an investigation for moral character and reputation will be considered to have obtained a

determination by the OED Director under 37 CFR ž 11.7.

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IV. INSTRUCTIONS FOR APPLYING FOR ADMISSION TO THE EXAMINATION

A. GENERAL INFORMATION: The USPTO moved to a computer-based test delivery system.

Candidates for registration to practice in patent cases before the USPTO must apply to the Office

of Enrollment and Discipline by completing a registration application form and submitting all

required documentation and government fees. A commercial test delivery provider, Thomson

Prometric, will administer the computer-based examination. The location of Thomson Prometric

test sites and Thomson Prometric test delivery policies are available at the Thomson Prometric

web site, www.prometric.com. Thomson Prometric also provides a toll free number for USPTO

registration examination applicants (800-479-6369).

As an alternative to test administration by Thomson Prometric, a USPTO administered

examination will be offered once per fiscal year at a date and location to be determined. Please

see pages 17, 18, 20, 21, 22 and 24 for more information.

An applicant applying for the examination should carefully review his or her application

information and documentation before submitting the application. Applications must be complete

for proper review by the Office of Enrollment and Discipline. It is strongly recommended that no

incomplete application be filed.

Facsimile transmissions of applications will not be accepted. See 37 CFR žž 1.4(e) and 1.6(d)(1).

An applicant seeking admission to the examination for the first time should send the following

documents to the Director of the USPTO.

� A completed Application for Registration to Practice before the United States Patent and

Trademark Office [Form PTO-158]

� $40.00 non-refundable application fee as required by 37 CFR ž 1.21(a)(1)(i)

-or-

$1600.00 non-refundable fee if required pursuant to 37 CFR ž 1.21(a)(10)

� $200.00 registration examination fee to the United States Patent and Trademark Office for test

administration by a commercial entity. [37 CFR ž 1.21(a)(1)(ii)(A)] (Application and registration

examination fee(s) may be paid with one check or credit card authorization)

-or-

$450.00 registration examination fee to the United States Patent and Trademark Office for test

administration by the USPTO. [37 CFR ž 1.21(a)(1)(ii)(B)] (The application fee and the

registration examination fee may be paid with one check or credit card authorization)

� Official original transcripts

� Course descriptions (Category B only)

� All other required documentation (for example, information upon which applicant relies to

demonstrate qualifications to sit for the examination, evidence of permanent residence, or

documents required in response to questions 15 through 22)

� Aliens must provide a copy of all documents submitted to and received from the USCIS.

- 10 -

B. INSTRUCTIONS FOR COMPLETING APPLICATION FORM PTO 158: Complete the application form

in permanent ink, computer, or typewriter; not pencil. 37 CFR ž 1.4(e). Facsimiles of applications

will not be accepted. See 37 CFR ž 1.6(d)(1).

Read These Instructions: The entire application and General Requirements Bulletin, and all other

applicable forms, should be read thoroughly before proceeding to complete the application form.

This is a continuing application. All information provided in the application must be reported in

writing. 37 CFR ž 1.2. All changes to the application, including changes of address, must be

signed and dated, and cannot be accepted by telephone, facsimile transmission, or e-mail.

37 CFR ž 1.4(e). 37 CFR ž 11.7(c) specifies the time for reporting changes. OED should be

notified of all changes within thirty days of occurrence. All updates should refer to the relevant

question in the application to which the change applies, and must provide all details relative the

information sought by the question. Applicants must continue to update their application until

registered to practice before the USPTO in patent cases, and should retain copies of all updates

submitted to the USPTO.

i. Line-by-Line Instructions:

Line 1a. Provide your complete legal name, including first, middle and last names.

Correspondence will be conducted using your complete name. SUPPLY YOUR COMPLETE

MIDDLE NAME, NOT MIDDLE INITIAL. Complete legal names must be provided to avoid

confusion between people having the same first name, middle initial and last name. Failure to

comply with this instruction will result in an application being incomplete. At the end of line 1a,

check the reasonable accommodations box only if a request for the same is attached along with

supporting documentation.

Line 1b. Provide your name exactly as it appears on valid, current government-issued photo

identification, such as a driver’s license, passport, or resident alien card. The same valid

government identification must be presented for admission to the examination. Admission to the

examination will be denied if the government-issued photo-identification is invalid for any reason at

the time it is presented for admission, e.g., expiration of a license or passport, or if there is any

difference between the name on the photo-identification and the name given on line 1b.

Lines 1c-1g. Whether employed, unemployed or a student, you must enter the address where

the Office of Enrollment and Discipline can communicate with you during the day between 8:30

a.m. and 5 p.m. Eastern time. If we are to communicate with you at a business, the name and

address of the business must be furnished.

Government Employees: If you are an officer and/or employee of the United States

Government, including an employee of the USPTO, in lines 1b through 1g, enter the name,

mailing address and business telephone of the department or agency where you are employed.

You may not use your home address or another business address. If you wish notices to be sent

to your home address, supply your home address on a separate sheet of paper.

Line 2. Citizenship. Provide the country of your citizenship.

Line 3. Date of Birth. Provide the date of your birth.

Line 4. Place of Birth. Provide the city, state and country where you were born.

Line 5. Visa Classification. If you are a non-immigrant alien, state your visa classification.

Line 6. Permanent Resident. Check "yes" if you are classified as a permanent resident. Check

"no" if you have not been classified as a permanent resident.

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Line 7. Alien Registration Number. If you have been classified as a permanent resident, provide

your alien registration number. Submit a copy of both sides of your permanent resident card.

Line 8a. Application Fee. Check the appropriate box for the required application fee. Applicants

should carefully review the provisions of 37 CFR žž 11.7(h) and 11.7(k) to determine whether the

fee set forth in 37 CFR ž 1.21(a)(10) is required. Failure to submit the appropriate application fee

may cause disapproval of an application. Applicants subject to the provisions of 37 CFR ž

11.7(h)(1), ž 11.7(h)(4) and/or 37 CFR ž 11.7(k) must submit the fee set forth in 37 CFR ž

1.21(a)(10) for each determination by the OED Director regarding good moral character and

reputation of the applicant. An applicant that submits the fee set forth in 37 CFR ž 1.21(a)(10) but

is not admitted to the examination for failing to complete the application or for failing to

demonstrate the requisite technical and scientific qualifications, will be refunded the fee less a $40

application fee. If a fee submitted pursuant to 37 CFR ž 1.21(a)(10) has been refunded in whole

or in part, or if applicant has received a determination by the OED Director regarding good moral

character and reputation, applicant will need to resubmit the fee under ž 1.21(a)(10) for any

subsequent application. Withdrawal of an application during the course of an investigation of

good moral character and reputation is considered a determination by the OED Director regarding

good moral character and reputation.

Line 8b. Registration Examination Fee. Check the appropriate for the government registration

examination fee. Please note that Thomson Prometric will charge applicants a separate test

administration fee.

Line 9. Former patent examiner or other USPTO employee. Check the appropriate small box on

line 9b if you are a former patent examiner or other USPTO employee and seek waiver of the

examination under the provisions of 37 CFR ž 11.7(d).

Line 10. Passed examination. Check the small box on line 10 if you previously passed an

examination, and in the space provided give the date you passed the examination.

Line 11. Reinstatement. Check the small box on line 11 if you are seeking reinstatement,

whether your name was inactivated due to government employment, you resigned pursuant to

37 CFR ž 10.133, or you were suspended or excluded pursuant to 37 CFR žž 10.133, 10.130,

10.155(d), or 10.156.

Line 12. Check the small box if you previously applied for admission to the registration

examination, whether or not you were admitted to the exam, or sought evaluation of your

qualifications. If you previously applied, give the date of the application.

Line 13. Prior registration. Check the small box and give your registration number if you were

ever registered to practice in patent cases before the USPTO as an attorney or agent.

Line 14. Bar membership. Check the small box if you are a member in good standing of a court

of the United States, or the highest court of a State or Territory of the United States, and list all

said courts and corresponding bar membership number(s). Do not submit a certificate of good

standing from the court with your application. Upon passing the examination, attorneys are

required to provide an original certificate of good standing bearing the seal of the highest court of

a state to be registered as a patent attorney.

Lines 15 through 22. Moral Character and Reputation. Answer each question following the

instructions preceding line 15. Any doubt about how to answer a question should be resolved in

favor of disclosure. Instructions are found on the application form and in the next paragraph for

submitting an explanation and documents in response to questions 15 through 22 with the

application. It is necessary to answer questions 15 through 22 with complete honesty and candor.

Answers that are not candid or contain false statements of material facts may subject you to denial

of registration or discipline. See, e.g., 37 CFR žž 10.7(a)(2)(i) and 10.22, as well as 10.23(a)(4)

and (5). Therefore, you should be diligent and complete in providing your responses to these

questions in the first instance. In addition, you have a continuing duty to update in writing

responses on the application whenever there is an addition to or change in information previously

furnished. Updates should be submitted no more than 30 days after the event occasioning the

- 12 -

addition or change. Failure to update the application to disclose criminal charges or other events

that change an answer to questions 15 through 22 also may subject you to discipline. You will not

be eligible to practice before the USPTO in patent matters unless your application is current.

In answering questions 15 through 22, even when answering no and providing an explanation,

you must provide a detailed statement setting forth all relevant facts and dates regarding any such

response eliciting disclosure. A complete application would include (a) a full explanation in writing

of the details regarding the incident, including where you were, and what you were doing, etc.; (b)

identification of the law enforcement authority that issued the citation, which jurisdiction issued the

bench warrant, and which jurisdiction rectified the situation; (c) a statement of the charges, and

the disposition of the charges; (d) a statement of the sanctions that were imposed and a full

explanation whether and how you complied with the sanctions; (e) a complete copy of all

documents and records in connection with the incident as well as documentation of your request

for such records; (f) a complete copy of all court records/file in connection with the incident and

documentation of your request for such records; (g), in the case of a federal debt, a complete copy

of all records showing satisfaction of the debt, or a new payment arrangement coupled with

satisfactory performance in compliance with the new arrangement over an extended period of time

,and (h) a complete copy of records showing the sanctions, your compliance with sanctions, and

your request for such records. If you are not able to obtain copies of all relevant documents, you

must nonetheless provide documentation showing your request for such documents as well as

any letter received responsive to such a request for documents or records. An application that

does not include all the information will be treated as incomplete and the applicant will not be

admitted to the examination, but will be given a reasonable period of time to complete their

application.

Line 23. Education. List all degrees, and attach to the application the official transcripts for each

degree and official course descriptions (if necessary).

Line 24. Sign and date the application.

**Check your application to ensure that all questions have been answered.

**Make and keep a copy of your application papers.

ii. Method of Payment to the USPTO: All government fees associated with each application for

registration are payable at the time the application is submitted to the USPTO. All payments of

money required for the USPTO fees must be made in U.S. dollars and in the form of a cashier's or

certified check, Treasury note, or United States Postal Service money order. If sent in any other

form (including personal checks), the Office may delay or cancel the credit of the payment until

collection is made. Checks and money orders must be made payable to the Director of the United

States Patent and Trademark Office.

Payment of a fee by credit card must specify the amount to be charged to the credit card and such

other information (complete account number and expiration date) as is necessary to process the

charge, and is subject to collection of the fee. If the credit card information is provided on a form

or document other than a form provided by the Office for the payment of fees by credit card, the

Office will not be liable if the credit card number becomes public knowledge. 37 CFR ž 1.23 (a)

and (b). A form and instructions for paying by credit card are contained at the following Web

address: http://www.uspto.gov/web/forms/2038-fill.pdf. In the form, under "Other Fee," write

"Application and Registration Examination fees." The Office currently accepts charges to

AMERICAN EXPRESS«, DISCOVER«, MASTERCARD«, and VISA«.

- 13 -

There is a $50.00 service charge for processing each payment refused (including a check

returned "unpaid") or charged back by a financial institution. 37 CFR ž 1.21(m).

iii. Nonpayment of Fees: If payment of required fees is refused by a financial institution

(including a check returned unpaid) or if a credit card is declined or charged back, the applicant

submitting the fee will be refused admission to the examination. If the applicant has been

admitted to the examination, notice will be sent withdrawing admission. Examples of nonpayment

of fees include recording incomplete or incorrect credit card account number or expiration date, or

continued reliance on a canceled credit card. The applicant will be notified of the nonpayment

and the amount owed, and will be given a deadline to complete their application by paying the

required fees. The applicant will be admitted to the examination only if the fees, together with any

processing fee required by 37 CFR ž 1.21(m), are paid in full within the time specified.

OED may learn only after the examination is administered that a financial institution has refused

payment of fees or that a payment by credit card has been charged back. In these situations, or

other situations in which the applicant has taken the examination, registration will be denied. The

applicant will be notified of the nonpayment and the amount owed, and will be given a deadline by

which the fees must be paid. The registration process will continue after the required fees and the

processing fee required by ž 1.21(m) have been paid in full.

If an applicant owes funds required by ž 1.21(a)(i) and (ii) in regard to a previous application or

examination, as well as the fee required by ž 1.21(m), the applicant will not be admitted to any

future examination unless all fees due have been paid in full. For example, assume that an

applicant filed an application with a single check for the $40.00 application fee and the $200.00

examination fee; the check was returned unpaid, and the applicant did not take the examination.

The next application that is filed must include not only the application and examination fees

required for that examination, but also an additional $90.00. The additional funds constitute the

$40.00 fee required by ž1.21(a)(i) for the previous application, and the $50.00 processing fee

required by ž 1.21(m) for the returned check. If the applicant had been admitted to the

examination (commercial test administration) before the return of the check was discovered, even

if he or she did not take the examination, or the applicant took the examination, the applicant must

pay $290.00 in additional fees, i.e., the $40.00 and $200.00 fees required by ž 1.21(a)(i) and (ii),

and the $50.00 processing fee required by ž 1.21(m). The applicant will not be admitted to the

examination unless all the fees are paid in full.

Checking and charge accounts should not be closed before the check or charge for payment of

the fees has cleared the bank or credit card company.

V. FILING DEADLINE

There is no filing deadline for submitting an application for the commercially administered

computerized examination. Applications are processed throughout the year. An incomplete

application, if not timely completed, will result in denial of admission, and will require applicant to

file another application and all fees. Fees filed with the incomplete application will not be deferred

or applied to the next application. Accordingly, applicants are strongly encouraged to file only a

complete application.

An application for the USPTO administered examination must be received three (3) months

before the scheduled date of the examination. An announcement specifying the date of the

USPTO administered examination and the deadline for filing an application will be published each

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fiscal year in the Official Gazette and at the OED home page at the following Internet web site:

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

examination is given only at the USPTO in Alexandria, Virginia.

A. COMPLETE APPLICATION: Applicants are strongly encouraged to gather all information and

documentation before submitting an application. Applicants applying under Category B must

submit all course descriptions and any other documentation with the application. Aliens must

submit all required information and documentation with the application.

B. INCOMPLETE APPLICATIONS: The Office of Enrollment and Discipline will notify applicants by

letter if additional information or documentation is required to complete the application and the

extent to which applicant meets or falls short of the required scientific and technical qualifications,

i.e., whether the application is sufficient to allow admission.

A 60-day time frame is provided for Applicants to complete their applications. Applicants not

timely providing the additional documents and information must submit a new application with the

required fees.

A reply to a notice of incomplete or insufficient application must bear an applicant's original

signature. See 37 CFR ž 1.4(e). Therefore, replies by facsimile transmission are not acceptable.

If the application continues to be incomplete or insufficient following submission of additional

information or documents, the application will be disapproved. Applicants failing to respond within

the 60-day period will also be disapproved.

Upon disapproval of an application, the Office of Enrollment and Discipline will notify the applicant

by letter that will provide a detailed explanation for the disapproval.

The $200.00 or $450.00 registration examination fee will be refunded to a disapproved applicant

in due course; the $40 application fee is not refundable. The fees from one application will not be

deferred to another application.

Applicants notified that their application was incomplete, and not timely completing their

application must submit a new application and the required fees.

VI. MAILING INSTRUCTIONS AND CONFIRMATION OF RECEIPT BY OED

The United States Postal Service mailing address is: Mail Stop OED, Director of the U. S. Patent

and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450. For hand-delivery or courier

services, applicants may obtain the street address for OED by calling 571-272-4097.

Applicants should make and keep a copy of every document submitted to the Office in

connection with an application for registration. Any applicant desiring acknowledgment by or

from OED of receipt of an application or other paper must include with the application a self-

addressed, postage-paid postcard to be used for this purpose. The postcard should be

addressed to the applicant and identify each type of paper filed, e.g. application, oath, transcripts,

etc. OED will stamp the receipt date on the postcard and place it in the outgoing mail. However,

the postcard is not verification that all of those items identified were present with the application.

Please do not call the OED regarding the status of applications unless applicant has not received

a response four weeks after submitting an application or papers.

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VII. THE APPLICATION PROCESS FOLLOWING ADMISSION TO THE EXAMINATION

A. GENERAL INFORMATION: After the Office of Enrollment and Discipline receives an application,

the fees are processed, the application, information and documentation submitted by the applicant

is reviewed for completeness. Applications will be reviewed first for completeness, and then for

sufficiency of scientific and technical training.

Applicants that are qualified and eligible for admission to the registration examination are sent an

admission letter from the OED with further instructions on the examination process.

Applicants who submitted an application that is determined to be “incomplete” are sent a letter

indicating that the application is incomplete and that more information, documentation or the fees

must be submitted before an evaluation can be conducted.

An application is incomplete if it is missing information in the application form, missing fees,

missing transcripts, or missing other required documentation. Once all missing information and

documentation is noted, OED will evaluate the application to the extent possible for sufficiency of

the information presented.

Applicants must submit both the application fee ($40.00) and either the $200.00 or $450.00

registration examination fee to receive an evaluation of their qualifications.

Complete applications are evaluated and the OED staff sends the applicant a letter of admission.

B. USPTO ID NUMBER: Applications received by the OED are issued a USPTO Identification

Number (USPTO ID number). All notifications sent by the Office of Enrollment and Discipline will

include the USPTO ID number. Applicants should use the USPTO ID number when

corresponding with the Office of Enrollment and Discipline. The USPTO ID number is critical for

identifying an applicant, and must be used on all correspondence the applicant submits to OED

after the USPTO ID number has been provided to the applicant.

C. PETITION REVIEW BY THE DIRECTOR OF THE OED: An applicant dissatisfied with disapproval of

an application may, upon payment of the fee required by 37 CFR ž 1.21(a)(5)(i), petition the

Director of Enrollment and Discipline for review of the decision. See 37 CFR ž 11.2(c). The

petition must bear an applicant's original signature. See 37 CFR ž 1.4(e). Facsimile

transmissions therefore are not acceptable. The petition and any additional documentation and

information must be submitted within 60 days of the date of the notice of disapproval for a further

review of qualifications.

The Director of the OED will review the Applicant’s petition and send the Applicant a written

decision. The Applicant may be granted admission to the examination or the Director of the OED

may affirm the OED staff member’s decision. If the timely filed additional documentation or

information is not satisfactory to conclude that the applicant possesses the required qualifications

or eligibility, a final decision by the OED Director will be sent by letter to the applicant. The

registration examination fee will be refunded to applicant in due course; the $40.00 application fee

is not refundable. The fees from one application will not be deferred to another application. Any

petition submitted after 60 days will be dismissed as untimely.

- 16 -

D. PETITION REVIEW BY THE DIRECTOR OF THE USPTO: The final decision by the Director of

Enrollment and Discipline refusing admission to the registration examination may be reviewed

upon petition to the Director of the United States Patent and Trademark Office pursuant to 37

CFR ž 11.2(d). Review by the USPTO Director requires the filing of a petition to the USPTO

Director, payment of the fee set forth in 37 CFR ž 1.21 (a)(5)(ii), and must be filed within 60 days

of the final decision of the Director of the OED. Any petition submitted after 60 days will be

dismissed as untimely.

E. METHODS FOR TIMELY REPLYING TO NOTICE OF INCOMPLETENESS OR DISAPPROVAL;

AND FOR TIMELY FILING A PETITION: Three methods for timely filing a reply or petition are

presented below. Applicants should refer to the applicable rules and portions of the Manual of

Patent Examining Procedure (MPEP) for more detailed information on filing at the USPTO.

i. First Class Mail or Hand-Delivery: A reply to a notice of incompleteness or disapproval, or a

petition sent by first class mail or hand carried is stamped as received by the USPTO on the date

of receipt. See 37 CFR ž 1.6. Therefore, replies or petitions should be mailed sufficiently in

advance to be received on or before the deadline. Hand carried mail to the Office of Enrollment

and Discipline will be received only during public hours (8:30 AM to 5:00 PM). For hand-delivery

or delivery by courier, applicants may obtain the street address for OED by calling 571-272-4097.

ii. Certificate of Mailing Procedure under 37 CFR ž 1.8: A reply to a notice of

incompleteness or disapproval may be filed using the certificate of mailing procedure set forth in

37 CFR ž 1.8. Because facsimile transmission of registration applications is not accepted, a

certificate of transmission may not be used. See 37 CFR žž 1.4(e) and 1.6(d)(1). The

information or documentation will be considered as being timely using the certificate of mailing

procedure if all requirements of 37 CFR ž 1.8 are satisfied. A sample certificate of mailing is

included in the back portion of this General Requirements Bulletin.

iii. Express Mail: 37 CFR ž 1.10 provides that express mail may be used to file papers with the

USPTO. The date of deposit, shown by the "date-in" on the Express Mail mailing label, is the

effective date. Therefore, applicants using Express Mail must have a "date-in" recorded by a U.S.

Postal Service employee on the Express Mail mailing label that is on or before the filing deadline.

VIII. REASONABLE ACCOMMODATIONS

A. REASONABLE ACCOMMODATIONS REQUESTS: Any applicant with a disability for which

accommodations are necessary in order to take the examination must submit a separate letter

with the application requesting reasonable accommodations. The letter must describe the

disability and the reasonable accommodations requested. Supporting documentation, less than

one year old, certifying the current severity of the disability and certifying that the

accommodations requested are necessary for this disability must be sent by a licensed physician

who has evaluated the condition. The letter requesting test accommodations and all supporting

documentation must be filed with the initial application.

An applicant requesting reasonable accommodations should check the box to the right of his or

her name in the Application for Registration (PTO Form 158), indicating that the request is

included with the application.

- 17 -

Reasonable accommodations available include: additional time (time and one half or double time),

separate room, multiple days, amanuensis, reader and wheelchair access. Additional requests will

be considered on a case-by-case basis.

After an applicant has been admitted to the examination, a separate notification of the

accommodations granted will be mailed.

i. Applicants admitted to the USPTO administered examination will be given specific

information concerning the time and place of the administration of the exam.

ii. Applicants admitted to the commercially administered exam are provided additional time to

schedule the exam with Prometric. Scheduling may take up to 30 days.

B. REAPPLICATION: An applicant who received reasonable accommodations for a prior

administration of the examination must submit a new request for accommodations and supporting

documentation for each subsequent examination with his or her application(s).

Applicants granted admission to the commercially administered examination, after receiving the

noted reasonable accommodation from the OED, must then call the Reasonable Accommodations

Department in the Thomson Prometric Contact Center at 800-967-1139 to schedule administration

of the examination. If reasonable accommodation is requested and the admission notice does not

address the request, please contact the Office of Enrollment and Discipline.

IX. THE EXAMINATION

A. SOURCE OF EXAM QUESTIONS: The examination is designed to test an applicant's knowledge

of patent laws, rules and procedures as related in the MPEP, and the ability to properly analyze

factual situations and properly apply the patent laws, rules and procedures to render valuable

service, advice and assistance to patent applicants in the preparation and prosecution of their

patent applications. 35 U.S.C. ž 2(b)(2)(D). The examination may also include questions dealing

with standards of ethical and professional conduct applicable to registered patent attorneys and

agents. Before taking this examination, an applicant must be familiar with the patent laws, rules,

USPTO rules of practice (Parts 1, 3 and 10 of Title 37 of the Code of Federal Regulations), and

procedure as related in the Manual of Patent Examination Procedure (MPEP).

All questions on the examination are drawn from the Manual of Patent Examining Procedure.

Questions that are based solely on a new version of the MPEP should not appear in an

examination for at least 90 days after the new version of the MPEP is released. An

announcement will be made by OED to notify the public of the date on which a new version of the

MPEP will begin appearing on the examination at the following Web address:

http://www.uspto.gov/web/offices/dcom/gcounsel/oed.htm. Questions that are rendered obsolete

upon issuance of a new version of the MPEP will be retired from the question bank.

B. MULTIPLE CHOICE QUESTIONS: The examination is 100 linear multiple-choice questions in two

sessions. Fifty (50) questions will be asked in a three-hour morning session, and fifty (50)

questions will be asked in a three-hour afternoon session. Each question has five choices. A

total of six hours is permitted for completion of the examination.

- 18 -

C. PROHIBITED ITEMS AT THE EXAM SITE: Applicants may not bring any documents, materials,

machines, or electronic devices (including computers, telephones, recording devices, cameras,

and typewriters) into the examination.

i. Commercially administered exam: The MPEP will be available, for reference, on the

computer delivering the examination questions. Thomson Prometric will provide a storage locker

where items not allowed in the testing area can be secured.

ii. USPTO administered exam: A paper copy of the MPEP will be provided to each applicant

granted admission to the USPTO exam. Applicants granted admission to the USPTO exam may

not bring their copy of the MPEP into the exam.

D. EXAMINATION PREPARATION MATERIALS: The MPEP includes in Appendices L and R the

Patent Laws and Rules subject to the examination. The MPEP, as well as Title 37 of the Code of

Federal Regulations (CFR) may be ordered from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20402 or by calling (202) 512-1800. Candidates

may also check the USPTO web site for downloadable versions of the MPEP.

The Office, including OED, will not counsel applicants on the patent statutes and rules, policy,

practice, and procedure.

E. EXAMINATION PREPARATION COURSES: The Office cannot identify or recommend courses to be

pursued in preparing for the examination, or offer advice as to the special training required of

persons who wish to be qualified to practice before the Office as a patent attorney or agent.

F. OFFICIAL EXAMINATION RESULTS: Examination results will be released by OED. Results of the

examination will be mailed to applicants soon after the date the applicant took the exam.

Applicants passing the examination will also receive instructions for completing the registration

process at that time

i. Applicants that take the commercially administered exam will receive their official results by

mail soon after the date of the examination. Registration candidates taking the morning and

afternoon sessions of the computer-delivered examination in a single day will receive an unofficial

result at the end of the examination on the computer on which they take the examination. See

http://www.uspto.gov/web/offices/dcom/olia/oed/unofres19aug05.htm for more information

concerning the unofficial result.

ii. Applicants that take the USPTO administered exam will receive the results by mail, soon after

the date of the examination.

X. TEST ADMINISTRATION

A. GENERAL INFORMATION: An applicant granted admission to commercial administration of the

examination will receive an admission letter with instructions to contact Thomson Prometric and

coordinate a date and location for administration of the examination. It is critical that applicants

who receive an admission letter carefully review the personal information on the admission letter.

The name on the admission letter should be the name given on line 1b of the application form,

and will be the name provided to Thomson Prometric for allowing entrance to the examination

site.

- 19 -

The Internet web site and telephone number for Thomson Prometric will be shown in the

admission letter. The admission letter specifies a 90-day time period during which the applicant

should coordinate an exam date with Thomson Prometric and take the examination. After this 90ş

day time period expires, the applicant will no longer be able to schedule to take the examination

and must file a new application and all fees.

B. COMMERCIALLY ADMINISTERED EXAMINATION

i. Thomson Prometric Fee Collection: Thomson Prometric collects a $150.00 examination

administration fee from each candidate. Thomson Prometric currently accepts Visa«,

MasterCard«, and American Express«. Payment is due at the time the testing appointment is

scheduled. Thomson Prometric collects no fees at the testing centers. All fees must be paid in

advance; applicants will not be permitted to sit for the examination until the $150.00 examination

administration fee has been paid to Thomson Prometric.

ii. Scheduling the Examination Location: The applicant schedules an examination location

directly with Thomson Prometric after OED has approved an applicant for admission to the

examination. Applicants will be required to pay a $150.00 exam administration fee to Thomson

Prometric at the time he or she schedules the examination. Instructions for contacting Thomson

Prometric will be provided in the admission letter or e-mail sent to the applicant.

Applicants are strongly urged to schedule your appointment for an examination test date promptly,

because some test sites fill quickly. Availability of a particular site on a particular day is not

guaranteed. Waiting until the last few weeks to schedule an appointment may necessitate that an

applicant arrange to take the examination at a site and on a date differing from the applicant’s

preference.

iii. Three Scheduling Options: The three-scheduling options apply only to the

commercially administered examination. Approved applicants will have three options for

scheduling the examination with Thomson Prometric. Applicants may schedule over the Internet,

call a toll-free number at the Thomson Prometric customer service center, or contact the local

testing center. The Thomson Prometric customer service center requires 48 hours lead time for

making an appointment through the Candidate Services Contact Center (48 hours means that an

appointment made on Monday before noon cannot be for a date earlier than Thursday). This

allows Thomson Prometric to staff its centers accordingly.

a. Option 1. Scheduling with Thomson Prometric Over the Internet: Applicants may arrange

the test date and testing center, and make payment arrangements, by visiting the Thomson

Prometric Internet web site at www.prometric.com and following instructions there.

b. Option 2. Scheduling with Thomson Prometric by Telephone: Applicants may arrange the

test date and testing center, and make payment arrangements, by calling the Thomson Prometric

Candidate Services Contact Center using the toll-free phone number reserved only for USPTO

exam takers at: 800-479-6369. Appointments made by telephone must be scheduled at least 48

hours in advance of the appointment. Applicants calling the Candidate Services Contact Center

to make an appointment within the 48-hour window will be referred to the local Thomson

Prometric Test Center for scheduling. The applicants can then verify with the center if an

exception (an appointment) can be made.

- 20 -

c. Option 3. Walk-In Scheduling: Applicants who walk into a Thomson Prometric testing center

may be given an appointment if the OED has submitted an eligibility file for the candidate in

advance of the walk-in, and if there is a seat available at the testing center.

C. WHAT TO BRING TO THE TESTING CENTER: For admission to enter the commercially

administered or USPTO administered examination, an applicant must bring a current, valid

State or Federal government issued ID, such as a driver's license or passport, containing both

applicant’s photograph and signature. A single ID with current photograph and signature will

suffice. Applicant’s name in the government issued ID must be exactly as it appears on line 1b in

the application.

An applicant will be denied admission to the examination if the name on the photo ID does not

match exactly the name given on line 1b of the application, or if the government issued ID is not

valid at the time applicant seeks admission to the testing center. Admission letters will not be

accepted for admission to the testing center. No name changes will be permitted at testing

centers.

DO NOT BRING the MPEP, other study materials, notes or scratch paper into the testing area or

the testing center. An on-line version of the MPEP will be available to applicants during the

examination on the same computer monitor used to read and record answers to the examination

questions.

Applicants admitted to the USPTO administered exam will be furnished a paper copy of the

MPEP for reference during the exam. Applicants admitted to the USPTO administered exam

should bring at least two “#2” pencils for recording their responses to questions on an answer

sheet provided at the beginning of the exam.

D. TESTING CENTER PROTOCOLS:

i. Commercially administered examination: Applicants will be required to sign a signature log.

An electronic photograph will be taken of each applicant. The date and time that an applicant

enters and exits the testing room will be recorded and the signature in the log will be verified

against the photo ID. Applicants will also be asked to place a finger on a scanner to generate a

temporary digital representation of the fingerprint. This digital representation is not provided to

the USPTO. For additional information concerning use of these digital representations, please

see the Biometric Identity Management System Privacy Notice for Candidates at pages 31 - 32 of

this General Requirements Bulletin.

Thomson Prometric has extensive test provider experience and has developed a test engine that

is readily operated by even inexperienced computer users. A fifteen-minute tutorial is provided

prior to start of the examination to familiarize applicants with operation of the test engine. A

fifteen-minute survey follows the end of the examination.

Thomson Prometric provides applicants with scratch paper and a pencil. Applicants may not

bring their own scratch paper or notes. Other than the scratch paper and pencil provided at the

testing center, no materials are permitted in the testing room. All scratch paper and the pencil will

be collected at the end of the testing session, and the scratch paper will be destroyed. Applicants

are not allowed to remove any portion of the scratch paper from the testing center.

- 21 -

There will be an optional timed and scheduled one-hour lunch break. No other timed or

scheduled breaks are built into the examination. The applicant may take unscheduled breaks

during which the test timing will continue.

Thomson Prometric Test Center Administrators provide continual site proctoring, and the testing

area is under continuous video monitoring. Applicants found cheating will be escorted from the

testing area. Cheating may include, but is not limited to, copying or photographing questions or

answers, recording answers elsewhere than on the computer, bringing notes into the testing area,

leaving the testing area and checking notes located elsewhere before returning to the testing

area.

ii. USPTO administered examination: Applicants granted admission to the USPTO

administered exam will be required to sign in for each session of the examination. The materials

needed for the examination will be provided at the exam site. Applicants are not allowed to

remove any material from the testing center.

There will be a one hour scheduled lunch break. No other timed or scheduled breaks are planned

into the USPTO administered exam, however an applicant taking the USPTO administered exam

may take a personal relief break while the timed exam continues. Applicants who arrive late will

not be admitted to the examination. The USPTO administered exam may not be re-scheduled.

There is no refund of the $450.00 examination fee.

E. COMMERCIALLY ADMINISTERED EXAM:

i. Thomson Prometic’s Cancel/Late/No Show Policies: Late-arriving applicants and no-shows

will be subject to Thomson Prometric rescheduling and fee policies. Thomson Prometric has no

authority to schedule outside the 90-day testing window assigned by OED. The USPTO does not

intervene in Thomson Prometric’s rescheduling and fee policies.

It is Thomson Prometric’s policy to charge 100% of the test fee for any applicant who calls within

48 hours of his or her appointment time to cancel the appointment (for example, an appointment

for Thursday cannot be canceled or rescheduled after noon on Tuesday), fails to appear for the

examination, or shows up more than 15 minutes late (he or she will be considered a “no show”).

If sufficient time remains in the 90-day testing period, an applicant who fails to show for his or her

test appointment, arrives more than 15 minutes late, or cancels within 48 hours of their

appointment may contact OED in an effort to have his or her eligibility file reset. Eligibility files are

not automatically reset. OED will not automatically reset eligibility files for test administration

outside the assigned 90-day testing period.

ii. Thomson Prometric’s Reschedule Policy: There are two methods by which an applicant

may reschedule the examination. An applicant may reschedule through the Internet on the

Thomson Prometric web site at www.prometric.com; or an applicant may reschedule by calling

the Thomson Prometric toll-free number that has been reserved only for USPTO examination

takers at 800-479-6369. It is possible that a testing center may have a technical problem or some

other emergency (including weather). If a testing center is unable to provide the examination on

the scheduled date, the examination will be rescheduled to the first available appointment of an

applicant’s choice, with no additional charge.

F. APPLICANT NEW CONTACT INFORMATION: Applicants changing address and/or telephone

number must separately notify OED and Thomson Prometric separately of the change.

- 22 -

G. ARRIVAL AT THE TESTING CENTER: Applicants should arrive 30 minutes before the scheduled

appointment to allow time for check-in procedures. An applicant arriving late for an examination

will not be admitted to or allowed to take the commercially administered examination.

H. COMMERCIALLY ADMINISTERED EXAM ONLY: If sufficient time remains in the 90-day testing

period, the applicant may contact the Office of Enrollment and Discipline to reestablish his or her

eligibility. Applicants who do not appear for the examination on the scheduled date and time

forfeit ALL fees previously paid to the United States Patent and Trademark Office. If insufficient

time remains in the 90-day test period for applicant’s eligibility file to be reset by OED, the

applicant must reapply to again be admitted to an examination.

I. FINAL SCHEDULING NOTIFICATION:

i. Commercially Administered Examination: Applicants granted admission to the

commercially delivered examination will receive correspondence from Thomson Prometric

confirming the date applicant is scheduled to take the examination. Applicants should keep

Thomson Prometric’s confirmation for future reference. Applicants may find it necessary to refer

to the correspondence later.

ii. USPTO Administered Examination: The USPTO administered exam is given only at the

USPTO in Alexandria, Virginia. Applicants admitted to the USPTO administered examination will

receive notification of the date, time and location of their examination in their admission letter.

Applicants granted Reasonable Accommodations at the USPTO will receive a separate letter with

information concerning the granted Reasonable Accommodation.

XI. REAPPLYING FOR THE EXAM

A. UNSUCCESSFUL APPLICANTS VIEWING THE EXAM QUESTIONS: Within 60-days from the date of

the letter notifying an applicant of a failing grade, the applicant may inspect, but not copy, the

questions and answers he or she answered incorrectly. The questions and answers may be

inspected only at the USPTO in Virginia. No notes may be taken, and copies of the questions or

answers may not be obtained. Substantive review by regrade is unavailable. See 37 CFR

ž 11.7(e). An unsuccessful applicant may schedule a date and time for inspection by calling OED

at 571-272-4097.

B. FAILURE TO PASS THE EXAM: An unsuccessful applicant, after receiving written notice of failing

the examination, may reapply to again take the examination. Such an applicant may reapply for

admission to the examination upon receiving notice of failure from OED, but must wait 30 days

after the date of the last examination before retaking the examination. See 37 CFR

ž 11.7(b)(1)(ii). Eligibility for retesting of applicants who do not pass the registration examination

is controlled by OED. Applicants should not make retesting inquiries to Thomson Prometric.

Applicants reapplying after a notice of failure must submit the following:

� A completed Application for Registration to Practice before the United States Patent and

Trademark Office [Form PTO-158]

� $40.00 non-refundable application fee as required by 37 CFR ž 1.21(a)(1)(i). An applicant

subject to the provisions of 37 CFR ž 11.7(h)(1), ž 11.7(h)(4), and/or 37 CFR ž 11.7(k) who

did not pass the examination must submit the $40.00 non-refundable application fee required

- 23 -

by 37 CFR ž 1.21(a)(1)(i) but need not resubmit the $1600.00 fee set forth in 37 CFR ž

1.21(a)(10) unless the previously submitted $1600.00 fee has been refunded or he or she has

received a determination from the OED Director concerning good moral character and

reputation. To be clear, the application fee submission for an individual who did not pass the

examination should not be confused with the individual who has been refused registration for

lack of good moral character and reputation. In the case of an applicant refused registration

for lack of good moral character and reputation, that applicant must resubmit the fee in 37

CFR ž 1.21(a)(10) for each determination by the OED Director regarding good moral

character and reputation of the applicant.

� $200.00 registration examination fee payable to the United States Patent and Trademark

Office for test administration by a commercial entity. [37 CFR ž 1.21(a)(1)(ii)(A)].

or

$450.00 registration examination fee payable to the United States Patent and Trademark

Office for test administration by the USPTO. [37 CFR ž 1.21(a)(1)(ii)(B)].

� All other documentation necessary to update the application, such as, but not limited to,

responses to questions 15-22.

An applicant’s file will be maintained in the Office of Enrollment and Discipline for one year from

the date of the notice of the examination results. An applicant first reapplying more than one year

after the notice must again fully comply with 37 CFR žž 11.7(b)(1)(i) and (b)(2).

C. Applicants admitted to, but who do not take the examination, must reapply for the exam and

submit the required fees.

XII. REFUNDS AND DEFERRAL OF USPTO FEES

A. REFUNDS: The $40.00 application fee is non-refundable. The $200.00 or $450.00 registration

examination fee is non-refundable after the Office of Enrollment and Discipline receives an

application, except as noted below. Applicants subject to the provisions of 37 CFR ž 11.7(h)(1),

ž 11.7(h)(4), and/or ž 11.7(k) will be required to submit one fee payment pursuant to 37 CFR

ž 1.21(a)(10) for each determination on good moral character and reputation made by the OED

Director.

Refund of any fee is governed by the provisions of 35 U.S.C. ž 42(d). Fees that are not paid by

mistake or in excess are non-refundable. If an applicant is accepted to sit for the examination, the

registration examination fee is non-refundable for any reason, even if the applicant does not sit for

the examination.

The registration examination fee will be refunded only if the Office of Enrollment and Discipline

denies an applicant admission to the examination for filing an incomplete application or failing to

meet the qualifications for admission. An applicant that has submitted the $1,600.00 fee under 37

CFR ž1.21(a)(10) will be refunded that fee less a $40.00 application fee if he/she is denied

admission to the examination. The refund of any fee paid by check will normally be processed

within 30 days of the date of the letter showing that the application was denied.

- 24 -

Applicants admitted to and thereafter withdrawing from a previous exam must file another

application, and again pay the $40.00 application fee and the applicable registration examination

fee. Likewise, applicants denied admission to a previous examination must thereafter file another

application, and again pay the $40.00 application and appropriate registration examination fee.

B. DEFERRING EXAMINATION FEE TO A LATER EXAMINATION OR APPLICATION:

i. An applicant who timely reschedules the commercially administered exam with Thomson

Prometric an examination to occur within the 90-day period for the originally scheduled

examination, the USPTO application fee and the $200 government examination fee will be

automatically deferred to the rescheduled examination.

ii. Neither fee will be deferred for applicants who do not appear for an appointment to take the

examination, for applicants who arrive too late to be admitted to the examination, or for applicants

who withdraw from a scheduled examination. Applicants should refer to the Thomson Prometric

web site for the Thomson Prometric rescheduling policy.

iii. Inasmuch as the USPTO exam is administered only once each year, the exam will not be

rescheduled and the fees for that exam will not be deferred.

XIII. WITHDRAWING FROM THE EXAMINATION

An applicant admitted to the examination may choose to not take the examination, but must

understand that the government fees are neither refundable nor deferrable to another examination

date or application except as described above. After being granted admission to the commercially

administered computer based registration examination, the applicant coordinates an examination

date with Thomson Prometric. After the examination date has been coordinated with Thomson

Prometric, the examination may be rescheduled only within the 90-day testing period based on

Thomson Prometric's rescheduling policy.

After an applicant has been admitted to the USPTO administered examination, rescheduling is not

possible.

XIV. WAIVERS OF REGULATIONS REGARDING THE EXAMINATION

A petition may be filed under 37 CFR ž 11.3 requesting in writing that a requirement of the

regulations, which is not a requirement of the statutes, be suspended or waived by the

Commissioner in an extraordinary situation, when justice requires.

XV. ADDRESS CHANGES

Applicants must notify OED in writing of any changes of address, telephone number, or other

information provided on the application for registration to take the registration examination, before

or after the examination. Changes of address should be sent by mail to the OED mailing address

or by facsimile to 571-273-0074. To assure that examination results are directed to the correct

address, applicants must submit such changes to OED in writing.

- 25 -

XVI. NAME CHANGES

An applicant who changes his or her legal name must provide satisfactory proof of the change,

such as an appropriate court document ordering the change or marriage certificate. This is critical

information. If an applicant receives a college/university transcript under one name and later

changes his or her legal name, the information enables confirmation that all submitted documents

pertain to the same person. The information also helps coordinate applicant’s file with documents

separately submitted under a different name.

XVII. TRANSPORTATION AND MEALS

Each applicant is responsible for his or her own transportation to and from the examination site

and for his or her own hotel accommodations. Each applicant is also responsible for his or her

own eating arrangements.

XVIII. EXAMINATION RESULTS

A. RESULTS MAILED: The OED will mail official results of either the USPTO administered exam

or the commercially administered exam to the applicant soon after the date of the examination.

Exam results will be mailed to the most recent address provided by the applicant. For this reason,

it is critical that applicants promptly inform the OED of any change of address.

B. PASSING THE EXAMINATION: Upon passing or waiver of the examination, the Director of the

OED will publish a solicitation for information concerning the applicant’s moral character and

reputation. See 37 CFR ž 11.8(a). An applicant who has passed the examination will not be

given provisional registration while his or her name is published for comment or prior to

registration or recognition.

C. REGISTRATION DEADLINE: Applicants passing the registration examination must complete the

registration process within two years from the date notice thereof is sent to the applicant.

D. REGISTRATION AS PATENT ATTORNEY: After passing the examination, an applicant who desires

to be registered as an attorney must submit a certificate of good standing from the bar of the

highest court of the State in which he or she is admitted to practice. The certificate of good

standing must be less than six months old and should be filed with the Data Sheet (FORM PTO

107A), following receipt of notice of passing the registration examination. The certificate is not

required for admission to the exam.

An attorney for whom no certificate of good standing is received will be registered as a patent

agent.

Do not file the certificate of good standing with the application.

A certificate or letter from the state bar is not acceptable as evidence of “good standing.”

- 26 -

XIX. FINDING OED INFORMATION ON THE INTERNET

Information about the registration examination and required forms are available at the OED home

page (www.uspto.gov/web/offices/dcom/gcounsel/oed.htm).

Keep this bulletin for future reference. Applicants may find it necessary to refer to it after filing an

application. Also, please keep the OED advised in writing of all changes of address, telephone number, or

other information provided in your application.

- 27 -

Certificate of Mailing under 37 CFR 1.8

I hereby certify that this correspondence is being deposited with the United States Postal

Service with sufficient postage as first class mail in an envelope addressed to:

Mail Stop OED

Director of the U. S. Patent and Trademark Office

P. O. Box 1450

Alexandria, VA 22313-1450

on

Date:________________________________

Signature

Typed or printed name of person signing Certificate

I further certify that I have a reasonable basis to expect that the

application and accompanying materials will be mailed on or before the

date on the certificate, shown above.

Please identify the correspondence below:

Note: Each paper must have its own certificate of mailing, or this certificate must identify

each submitted paper.

This certificate must be in the envelope with the material and/or documents mailed.

- 28 -

OED PRIVACY ACT ADVISORY STATEMENT

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with the

request for information solicited on attached forms PTO-158 and PTO-275. Accordingly, pursuant to the

requirements of the Act, please be advised that (i) the authority for the collection of this data is 35 U.S. C.

žž1 and 2(b)(2)(D), (ii) furnishing of the information solicited is voluntary, and (iii) the principal purpose for which

the data will be used is to maintain current information relating to your eligibility and fitness for registration to

practice before the United States Patent and Trademark Office in patent cases. If you do not furnish the

requested information, you will not be admitted to the registration examination or registered to practice before

the United States Patent and Trademark Office.

The information provided by you in these forms will be subject to the following routine uses:

1. Information from PTO-158 may be published by the United States Patent and Trademark office in the Official Gazette

to solicit information tending to affect your eligibility on moral, ethical, or other grounds for registration pursuant

to 37 CFR ž 11.7. Information from PTO-275 may be published to provide the public with a roster of registered

practitioners pursuant to 37 CFR 11.11.

2. Disclosure may be made to any Government agency, professional organization, or individual if necessary to

obtain information relevant to an investigation concerning the suitability of an applicant for registration to

practice before the Patent and Trademark Office.

3. Disclosure may be made to a Federal, state, local, foreign, tribal, or other public authority, of the fact that this

system of records contains information relevant to the retention of an employee, retention of a security

clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit. The other

agency or licensing organization may then make a request supported by the written consent of the individual

for the entire record if it so chooses. No disclosure will be made unless the information has been determined

to be sufficiently reliable to support a referral to another office within the agency, or to another Federal agency

for criminal, administrative, personnel, or regulatory action.

4. To a court or adjudicative body in a proceeding when: (a) the agency or any component thereof; or (b) any

employee of the agency in his or her capacity, or (c) any employee of the agency in his or her official capacity

where the agency has agreed to represent the employee, or (d) the United States government is a party to

litigation or has an interest in such litigation and by careful review, the agency determines that the records are

both relevant and necessary to the litigation and the use of such records is therefore deemed by the agency

to be for a purpose that is compatible with the purpose for which the agency collected the records.

5. Disclosure may be made to a member of Congress or to a congressional staff member in response to an

inquiry of the Congressional office made at the written request of the constituent about whom the record is

maintained.

6. Information may be disclosed to the Office of Management and Budget (OMB) in connection with a review of

private relief legislation (as set forth in OMB Circular No. A-19) at any stage of the legislative coordination and

clearance process described in the Circular.

7. The information may be disclosed to the agency contractors, grantees, experts, consultants, or volunteers

who have been engaged by the agency to assist in the performance of a service related to this system of

records and who have need to have access to the records in order to perform the activity. Recipients of

information shall be required to comply with the requirements of the Privacy Act of 1974, as amended,

pursuant to 5 U.S.C. ž 552a(m).

8. The information may be disclosed to the office of Personnel Management (OPM) for personnel research

purposes as a data source for management information, for the production of summary descriptive statistics

and analytical studies in support of the function for which the records are collected and maintained, or for

related manpower studies.

9. Records from this system of records may be disclosed to the National Archives and Records Administration or

to the General Services Administration for records management inspections conducted under 44 U.S.C. žž

2904 and 2906.

10. When a record on its face, or in conjunction with other records, indicates a violation or potential violation of

law, whether civil, or criminal, or regulatory in nature, and whether arising by general statute or particular

program statute, or by regulation, rule, or order, issued pursuant thereto, disclosure may be made to the

appropriate agency, whether Federal, foreign, state, local or tribal, or other public authority responsible for

enforcing, investigating, or prosecuting violations, or charged with enforcing or implementing the stature or

rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement,

regulatory, investigative, or prosecutive responsibility of the receiving entity.

- 29 -

_______________________________________________________________________________________________

OMB No. 0651-0012 Approval Expires 12/31/2010

FORM PTO-158 (Rev. January 23,2008

United States Patent and Trademark Office THIS SPACE FOR UNITED STATES PATENT

APPLICATION FOR REGISTRATION TO PRACTICE

AND TRADEMARK OFFICE USE ONLY

BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it

displays a valid OMB control number. This collection of information is required by 37 CFR Sections 11.5 through 11.11.

This information is used by the public to register to practice before the United States Patent and Trademark Office

(USPTO) and by the USPTO to determine the eligibility of the applicant to register to practice before the USPTO.

The information on this form will be treated confidentially to the extent allowed under the Privacy Act and the

Freedom of Information Act (FOIA). Response to this information collection is voluntary; however, if you do not provide

the requested information, the USPTO may not admit you to the registration examination or register you to practice before

the USPTO. This form is estimated to take 30 minutes to complete, including gathering, preparing, and submitting the

information on the application to the USPTO. Any comments on the amount of time you require to complete this form

and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, United States Patent and

Trademark Office. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.

SEND TO: Mail Stop OED, United States Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450

Reasonable

First Name

Middle Name

Last Name

1a) Legal Name

Accommodations

Request Attached

1b) Name shown on

valid Government ID

1c) ADDRESS: Employer, corporation, law firm, U. S. Government agency. Indicate if student or unemployed.

1c) ADDRESS

(street, building,

suite, etc.)

1d) CITY

1e) STATE

1f) ZIP CODE

1g) DAYTIME Area Code & Phone Number

2. CITIZENSHIP (country)

3. DATE OF BIRTH (month, day, year)

4. PLACE OF BIRTH (City, State, Country)

FOR ALIENS 5. VISA CLASSIFICATION 6. PERMANENT RESIDENT OF THE UNITED STATES

7. ALIEN REGISTRATION NUMBER

ONLY

YES

NO

Attach copy of both sides of

documentation of permanent

residence

You are required to update the foregoing information promptly upon any change. Select and check all the following that apply.

Applicants should carefully review the General Requirements Bulletin for detailed instructions on completing this application.

8a.

Application Fee: (Please refer to the General Requirements Bulletin and 37 CFR ž 11.7)

Enclosed is the non-refundable $40.00 application fee set forth in 37 CFR ž 1.21(a)(1)(i).

OR

Enclosed is the $1,600.00 fee set forth in 37 CFR ž 1.21(a)(10).

8b.

Registration Examination Fee:

I will utilize a commercial test administration service. Enclosed is the Government registration examination fee of

$200.00 for test administration by a commercial entity. [37 CFR ž 1.21 (a)(1)(ii)(A)]

I request USPTO test administration. Enclosed is the Government registration examination fee of $450.00 for test

administration by the USPTO. [37 CFR ž 1.21(a)(1)(ii)(B)]

9.

Waiver of Examination: I am a former USPTO employee and satisfy the requirements of:

37 CFR 11.7(d)(1). Enclosed is the applicable fee under either 37 CFR ž 1.21(a)(1)(i) OR 37 CFR ž 1.21(a)(10)

37 CFR 11.7(d)(2). Enclosed is the applicable fee under either 37 CFR ž 1.21(a)(1)(i) OR 37 CFR ž 1.21(a)(10)

37 CFR 11.7(d)(3). Enclosed is the applicable fee under either 37 CFR ž 1.21(a)(1)(i) OR 37 CFR ž 1.21(a)(10)

Passed Examination: I passed an examination on _____________. Enclosed is the required registration fee of

$100.00 [37 CFR ž 1.21(a)(2)] and a completed data sheet.

10.

11.

Reinstatement: I am applying for reinstatement, or as a former government employee, for a change from inactive to

active status. Enclosed is any required fee under 37 CFR ž 1.21.

I previously applied for admission to the registration examination or requested the Office of Enrollment and Discipline to

evaluate my scientific and technical qualifications.

Date of Previous Application:_________________Name on Application, if different:_______________________________

12.

13.

I was previously registered to practice in patent cases before the United States Patent and Trademark Office as an

attorney or agent. If “YES”, my Registration No. is __________________________

14.

BAR MEMBERSHIP. I am a member in good standing of the bar of the highest court of a State or Territory of the United

States. A list of all said courts and corresponding bar membership number(s) follows: __________________________

FORM PTO-158 (Rev. January 23, 2008)

Page 2

BACKGROUND INFORMATION: Candor and truthfulness are significant elements of fitness relevant to practice before the

United States Patent and Trademark Office. You should, therefore, provide the Office of Enrollment and Discipline with all

available information, however unfavorable, even if its relevance is in doubt, with regard to the questions asked below. For

each question answered “YES,” provide a detailed statement setting forth all relevant facts and dates along with verified

copies of relevant documents. Your responses must be updated as necessary, prior to your registration. Any

documents, evidence or proofs previously filed in a prior application need not be resubmitted unless your response to a

question must be changed. Failure to disclose the requested information may result in denial of registration or in

disciplinary proceedings under 37 CFR ž 10.22 should you become registered.

YES

NO 15. Have any charges ever been preferred against you in connection with your practice before

any Federal or State court, or municipal bureau, commission, office or agency of any kind or

character?

NO 16. Have you ever been arrested, charged, or held by Federal, State or other law enforcement

authorities for any violation of any Federal or State law, or any county or municipal law,

regulation or ordinance? (Do not include any misdemeanor before your 16th birthday or

traffic violations for which the fine was $100 or less.)

YES

YES

NO 17. Have you ever been disciplined, reprimanded, suspended, expelled or asked to resign or

withdraw from any educational institution, or have you resigned or withdrawn from any such

institution in time to avoid discipline, reprimand, suspension, expulsion or request to resign

for conduct involving dishonesty, fraud, misrepresentation, or deceit?

NO 18. Have you ever been disciplined, reprimanded, or suspended in any job for conduct involving

dishonesty, fraud, misrepresentation, deceit, or any violation of Federal or State laws or

regulations?

YES

YES

NO 19. Have you ever been fired or discharged from any job, or have been asked to resign or quit

for conduct involving dishonesty, fraud, misrepresentation, deceit, or any violation of

Federal or State laws or regulations?

NO 20. Have you ever resigned or quit a job when you were under investigation or inquiry for

conduct which could have been considered as involving dishonesty, fraud,

misrepresentation, deceit, or violation of Federal or State laws or regulations, or after

receiving notice or been advised of possible investigation, inquiry, or disciplinary action for

such conduct?

YES

YES

NO 21. Have you ever been discharged from military service under conditions “other than

honorable,” or by reason of the sentence of a Court Martial or being dropped from the rolls?

NO 22. Are you delinquent on any State or Federal debt? (Include delinquencies arising from

Federal or State taxes, loans, overpayment of benefits, and other debts to the U.S.

Government and defaults on Federally guaranteed or insured loans such as student and

home mortgage loans.)

YES

23. EDUCATION: List all degrees conferred in the blocks below. Attach to this application any required documentation to

complete your application for registration. Refer to the General Requirements Bulletin. If you applied previously for an

exam, please see the General Requirements Bulletin section titled “REAPPLYING TO TAKE THE EXAMINATION ” for

what you must submit.

Degree Received as

indicated on Transcript

College

Date Received

Major Subject as

indicated on Transcript

Upon the basis of the foregoing information and any attached documents, I hereby apply for registration to practice in patent

cases before the United States Patent and Trademark Office. I certify that each and every statement or representation in

this application is true and correct. (A willfully false statement or certification is a criminal offense and is punishable by law

[18 U.S.C. ž 1001].)

24.

Signature of Applicant

Date

United States Patent and Trademark Office

PTO/275 (Rev January 23, 2008)

Approved for use through 12/31/2010 OMB 0651-0012

Under the Paperwork Reduction Act of 1995, no persons are required to respond

to a collection of information unless it displays a valid OMB control number.

Undertaking under 37 CFR 11.10(b)

INSTRUCTIONS: This form must be completed by any former employee of the United States Patent and

Trademark Office (USPTO) who has served in the patent examining corps of the United States Patent and

Trademark Office.

NAME: First name

Middle name

Last name

POSITION HELD IN USPTO (at the time of separation or resignation from USPTO)

DATE APPOINTED TO EXAMINING CORPS DATE OF SEPARATION OR RESIGNATION FROM USPTO

Assigned to the following Technology Centers

Technology Center

From

To

Technology Center Director

I hereby agree to not knowingly act as agent or attorney for, or otherwise represent, or

assist in any manner the representation of, any other person before the Office, in

connection with any particular patent or patent application, in which I participated

personally and substantially as an employee of the Office; and

I hereby agree to not knowingly act within two years after terminating employment by

the Office as agent or attorney for, or otherwise represent, or assist in any manner the

representation of any other person: before the Office, in connection with any particular

patent or patent application, if such patent or patent application was pending under my

official responsibility as an officer or employee within a period of one year prior to the

termination of such responsibility.

Signature of Former Employee

Date

PTO/275 (Rev January 04, 2008)

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a

collection of information unless it displays a valid OMB control number. This collection of

information is required by 37 CFR Sections 11.5 through 11.11. This information is used by

the public to register to practice before the United States Patent and Trademark Office

(USPTO) and by the USPTO to determine the eligibility of the applicant to register to practice

before the USPTO. The information on this form will be treated confidentially to the extent

allowed under the Privacy Act and the Freedom of Information Act (FOIA). Response to this

information collection is voluntary; however, if you do not provide the requested information,

the USPTO may not admit you to the registration examination or register you to practice before

the USPTO. This form is estimated to take 20 minutes to complete, including gathering,

preparing, and submitting the information on the application to the USPTO. Any comments on

the amount of time you require to complete this form and/or suggestions for reducing this

burden, should be sent to the Chief Information Officer, United States Patent and Trademark

Office, Washington, D.C., 20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS

ADDRESS.

SEND TO: Mail Stop OED, United States Patent and Trademark Office, P. O. Box 1450,

Alexandria, VA 22313-1450

PROMETRIC’S* BIOMETRIC IDENTITY MANAGEMENT SYSTEM

PRIVACY NOTICE FOR CANDIDATES

The Biometric Identity Management Service (BIMS) is designed to protect test candidate privacy and improve the

security and integrity of the testing process. While the United States Patent and Trademark Office is the

responsible organization for this test, the use of the BIMS for candidate authentication and identification is

performed by Prometric. This Privacy Notice describes the privacy and security practices that have been

established by Prometic for the Biometric Information Management Service. References to “you” or “your” in this

notice refers to a test candidate or applicant.

How does BIMS work?

To use the BIMS, you must place your finger on the scanner. The BIMS equipment will create a digitized

representation of your fingerprint. This representation is called a template. This template is an algorithm that

represents your fingerprint. The system does not actually store the fingerprint image but rather stores an

encrypted algorithm that represents your fingerprint.

This template will be stored with other personal information you provide to USPTO, your identification document

picture, and with information from your identification documents, allowing Prometric to identify you accurately

during the testing process. As you move around the test center, you will be able to use your finger to authenticate

yourself at the scanners located throughout the test center, avoiding the need to provide additional identification

to supervisory personnel.

What information is collected in the Biometric Identity Management Service?

The BIMS contains a digitized representation of your fingerprint, along with your name, address, telephone

number (if you provided one), date of birth or age, identification document number, and a scanned copy of your

identification document (such as your driver’s license), which will include your digitized image.

How is the information in the BIMS used?

Personal information in the BIMS is used by Prometric to: (1) administer tests and verify your identity on an

ongoing basis as you participate in this test by positively identifying you as you move in and out of the test lab

during the examination, (2) protect your privacy by enabling you to move around the test center without the

requirement that identification documents be presented regularly, (3) identify and prevent testing fraud and

maintain the integrity of the testing process by detecting and preventing test taking by unauthorized candidates,

(4) improve security of test centers by detecting and preventing unauthorized access of candidates to secure

areas, and (5) if needed, for legal compliance. For example, when you are taking your USPTO test, Prometric

would be able to determine if another individual returned after a break and pretended to be you in order to access

the test content.

How long is my personal information retained by the BIMS?

The fingerprint template is permanently erased from the BIMS database within forty-eight (48) hours after your

test is completed. The information from your identification document, the digital image, and digitized

representation of your identification document is retained for fraud investigation or other legal purposes for a

reasonable period of time required for potential legal or fraud investigations. That period will not exceed five (5)

years. This information is not transferred to the USPTO.

When is the information in the BIMS disclosed to third parties?

Please keep in mind that the fingerprint template is deleted in its entirety within 48 hours after completion of your

test. Prometric will not disclose the demographic information to any third party except as required by law or as

necessary to complete a fraud investigation directly related to a particular test Candidate.

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What choices do I have regarding the BIMS?

All Candidates are required to provide identification documents and individuals who fail to provide valid

identification will be refused admission to test. Candidates are encouraged to provide a fingerprint as that

provides a higher level of security during the testing experience, is more efficient during check in/check out during

breaks, and requires less presentation of identification documents and exposure of that information. Because the

fingerprint template is deleted within 48 hours of the completion of the test, there is no issue with risks of long-

term retention. A Candidate generally will not be refused an examination because he or she does not wish to

provide a fingerprint. However, USPTO will be informed of individuals who refuse to provide a fingerprint.

Can I access my information in the BIMS?

Upon request and confirmation of your identity, Prometric will determine if you have a record in the BIMS. If so,

Prometric will provide you with a copy of the personal information maintained in the system. Note that the

fingerprint template is not retained and is deleted from the system within 48 hours of the completion of a test by

you. The only information retained is that obtained from your identification document, which is similar to

information used to cash a check.

How is the information in the BIMS secured?

Prometric has implemented appropriate technical, physical and administrative safeguards to help protect your

personal information against unauthorized access or loss. Prometric’s workers who access the information are

trained on these procedures and bound by appropriate confidentiality obligations.

Who do I contact if I have a question or compliant?

If you have questions about BIMS and how it works you can contact Prometric at:

Anthony R. Scicchitano

Data Protection Officer

Thomson Prometric

1000 Lancaster Street

Baltimore, MD 21202 USA

Telephone: 1-443-455-8493

E-Mail: anthony.scicchitano@thomson.com

* Prometric is Thomson Prometric, a division of Thomson Learning, Inc, with offices at 1501 South Clinton Street,

Baltimore, MD 21224, USA

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