Patent Bar Requirements: Who Can Take the USPTO Exam

A bachelor's, master's or Ph.D. awarded in one of these subjects by an accredited U.S. college or university, or the foreign equivalent, qualifies you:

• Aeronautical Engineering
• Aerospace Engineering
• Agricultural Engineering
• Biochemistry
• Bioengineering
• Biological Science
• Biology
• Biomedical Engineering
• Biomedical Science
• Biophysics
• Botany
• Ceramic Engineering
• Chemical Engineering
• Civil Engineering
• Computer Engineering
• Computer Science (bachelor of science only)
• Electrical Engineering
• Electrochemical Engineering
• Electronics Engineering
• Electronics Technology
• Engineering Physics
• Environmental Engineering
• Food Technology
• General Chemistry
• General Engineering
• Genetic Engineering
• Genetics
• Geological Engineering
• Industrial Engineering
• Marine Engineering
• Marine Technology
• Materials Engineering
• Materials Science
• Mechanical Engineering
• Metallurgical Engineering
• Microbiology
• Mining Engineering
• Molecular Biology
• Neuroscience
• Nuclear Engineering
• Ocean Engineering
• Organic Chemistry
• Petroleum Engineering
• Pharmacology
• Physics
• Textile Engineering
• Textile Technology

Computer science counts under Category A only as a bachelor of science from an accredited college or university; a computer science degree that is not a B.S., or is from a non-accredited school, goes through Category B or C. OED also accepts degrees whose transcript shows they are equivalent to a listed one: for example, molecular cell biology may be equivalent to biology, and materials science and engineering to materials science.

Biomedical Science moved from Category B to Category A on August 11, 2026. The USPTO said it considered adding artificial intelligence degrees but did not, having seen only one applicant with an applied AI degree in three years, and that it plans to review the list every three years.

Sources: GRB, Part III.A; 91 FR 51695 (Aug. 11, 2026).

With a bachelor's or higher degree in another subject, you can qualify by meeting one of four options with courses for science or engineering majors (the GRB also lets OED consider other training or education):

1. 24 semester hours in physics (courses for physics majors).
2. 32 semester hours: 8 in chemistry or physics, at least one course with a lab, and 24 in biology, botany, microbiology or molecular biology.
3. 30 semester hours in chemistry (courses for chemistry majors).
4. 40 semester hours: 8 in chemistry, physics or biology, at least one course with a lab, and 32 in chemistry, physics, biology, botany, microbiology, molecular biology or engineering.

• Only courses with a grade of C- or better count. Quarter or trimester hours convert to semester hours at two-thirds.
• For each course you rely on, you must send an official course description from the year you took it.
• Under Option 4 only, up to four semester hours of design engineering or drafting count, and so do computer science courses that stress theoretical foundations, analysis and design with substantial lab work, including software development. They cannot replace the eight hours of chemistry or physics.
• Courses that do not count include mathematics, patent law, pass/fail courses, science courses for non-science majors, astronomy, anthropology, psychology and other behavioral sciences, management and business courses, courses on how to use software, high school courses and correspondence courses.

Source: GRB, Part III.B.

If you rely on practical engineering or scientific experience, or do not qualify under Category A or B, you can qualify by passing the Fundamentals of Engineering (FE) test, which no U.S. government agency administers. You must send the official FE results and an official transcript showing an awarded bachelor's degree (in any subject).

Source: GRB, Part III.C.

A degree in architecture, applied arts, art teacher education, fine or studio arts, graphic design, industrial design or product design (or an equivalent) qualifies you to take the same exam and, on passing, to practice in design patent matters only. Design patent registration is for U.S. citizens.

Sources: GRB, Part III.D; 37 C.F.R. § 11.6(d).

• Every category needs an official transcript with the university's stamp or seal. A diploma, or a copy of a diploma or transcript, is not accepted.
• Foreign degrees can qualify under Category A as the equivalent of a listed U.S. degree. Documents in another language need certified English translations. For education completed outside the U.S. relied on as other education, the GRB points to evaluations by organizations that interpret foreign credentials.
• OED does not evaluate your qualifications by phone before you apply.

Sources: GRB, Part III; OED FAQs.

• You must show good moral character and reputation (37 C.F.R. § 11.7(a)(2)). A person convicted of a felony, or of a crime involving moral turpitude or breach of trust, may not apply during the sentence and for two years after completing it, including probation or parole; a disbarred person waits five years.
• Only U.S. citizens and lawful permanent residents can be registered.
• Other non-citizens living in the United States may seek limited recognition (§ 11.9(b)) if their immigration status authorizes this work; a pending approval at the time of applying means denial of admission to the exam.
• The exam is not given to non-citizens who do not live in the United States. The only foreign patent office the USPTO recognizes for reciprocal registration is Canada's.

Sources: GRB, Parts III.F and III.G; Becoming a patent practitioner; 37 C.F.R. § 11.7, § 11.9.