+

United States Patent and Trademark Office 

Office of Enrollment and Discipline (OED)

General Requirements Bulletin for 

Admission to the Examination for 

Registration to Practice in Patent Cases 

before the United States Patent and 

Trademark Office

Issued May 2014 www.uspto.gov/ip/boards/oed/exam/registration.jsp
www.uspto.gov/ip/boards/oed/exam/registration.jsp

General Requirements Bulletin

Table of Contents

I. RECOGNITION OF ATTORNEYS AND AGENTS - RULES.............................................................- 1 -

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

TRADEMARK OFFICE EMPLOYEES UNDER 37 CFR § 11.7(d) .......................................................- 3 -

III. SCIENTIFIC AND TECHNICAL TRAINING REQUIREMENTS FOR ADMISSION TO THE 

EXAMINATION......................................................................................................................................- 4 -

IV. INSTRUCTIONS FOR APPLYING FOR ADMISSION TO THE EXAMINATION..........................- 10 -

V. FILING DEADLINE .........................................................................................................................- 16 -

VI. MAILING INSTRUCTIONS AND CONFIRMATION OF RECEIPT BY OED .................................- 16 -

VII. THE PROCESS FOLLOWING APPLICATION FOR ADMISSION TO THE EXAMINATION ......- 17 -

VIII. REASONABLE ACCOMMODATIONS ........................................................................................- 19 -

IX. THE EXAMINATION......................................................................................................................- 20 -

X. TEST ADMINISTRATION...............................................................................................................- 21 -

XI. REAPPLYING FOR THE EXAMINATION .....................................................................................- 24 -

XII. REFUNDS OF USPTO FEES.......................................................................................................- 25 -

XIII. WAIVERS OF REGULATIONS REGARDING THE EXAMINATION ..........................................- 26 -

XIV. SUCCESSFUL COMPLETION OF THE EXAMINATION ...........................................................- 26 -

XV. FINDING OED INFORMATION ON THE INTERNET..................................................................- 26 -

CERTIFICATE OF MAILING UNDER 37 CFR 1.8 .............................................................................- 27 -

OED PRIVACY ACT ADVISORY STATEMENT.................................................................................- 28 -

Issued May 2014

This is a revision of the General Requirements Bulletin issued February 2011
- 1 -

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 §§ 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.

§ 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.

§ 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 § 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 § 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 § 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 
- 2 -

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...

§ 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 § 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 § 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.
- 3 -

(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....

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

AND TRADEMARK OFFICE EMPLOYEES UNDER 37 CFR § 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 § 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 § 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 § 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 § 11.10(b) [Form PTO-275] (if not previously completed and 

submitted);

 

Application fee as required by 37 CFR § 1.21(a)(1)(i) or 37 CFR § 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 § 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.
- 4 -

III. SCIENTIFIC AND TECHNICAL TRAINING REQUIREMENTS FOR ADMISSION TO THE 

EXAMINATION

An applicant applying for the examination must demonstrate to the Director of the Office 

of Enrollment and Discipline (OED) that he or she possesses the scientific and technical 

training necessary to provide valuable service to patent applicants. Applicant bears 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 transcript from the college or university. A diploma, copy of the 

diploma, or copy of the transcript will not be accepted. The official transcript will be 

accepted from an applicant. The college or university transcript must be official 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 
- 5 -

the necessary scientific and technical training under either Category B or Category C 

below.

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 establish 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 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.
- 6 -

Please note that a diploma, a copy of a diploma, or an unofficial transcript is not 

acceptable evidence of a degree. Each applicant must provide an 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 a university or college 

stamp or seal. A letter from the registrar specifying a degree or degrees is not sufficient.

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. 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 OED at the 

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

applicant is 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, an 

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

which the course was taken to accompany the official 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 
- 7 -

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.

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 nonscience 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. 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 
- 8 -

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 Distance Education and Training 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.

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 for Higher Education Accreditation (CHEA) 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 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. An 

applicant should consult the Guide to Evaluation of Educational Experiences in the 

Armed Services, which is available through the American Council on Education, Military 

Evaluation Program, One Dupont Circle, Washington, DC 20036-1193.

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. An applicant 

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. An applicant attempting to qualify under Category C must submit an 

official 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. An action of OED with regard 

to an application will be based exclusively on the written record in the Office.

37 CFR § 1.2.

E. ELIGIBILITY OF ALIENS: An applicant who is not a United States citizen and does not 

reside in the U.S. is not eligible for registration except as permitted by 37 CFR § 11.6(c).

Presently, the Canadian Intellectual Property 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.
- 9 -

An alien 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 United States Citizenship and 

Immigration Services (USCIS). 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. A qualifying non-immigrant 

alien within the scope of 8 CFR § 274a.12(b) or (c) is not registered upon passing the 

examination. Such an applicant will be given limited recognition under 37 CFR § 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. 

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. An applicant convicted of a felony, or a crime involving moral turpitude or 

breach of trust, is 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 § 11.7(h)(1). Such an applicant must 

file with an Application for Registration the fees required by 

37 CFR §§ 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 § 11.7(h)(1) must submit the fee specified 

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

37 CFR § 11.7.

ii. Disciplined Professionals: An applicant who has been disbarred from practice of 

law or other profession, or who has resigned a professional license in lieu of a 

disciplinary proceeding, is ineligible to apply for registration for a period of five years 

from the date of disbarment or resignation. An applicant suspended on ethical grounds 

from the practice of law or other profession is 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 §§ 11.7(h)(1) and 11.7 (h)(4) have been fully satisfied. See 37 CFR § 11.7(h)(4).

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

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

37 CFR § 11.7.
- 10 -

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

applicant refused registration for failure to demonstrate 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, is 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 regarding 

the applicant’s present 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 § 11.7(k). Such an applicant must pay the fees required by 

37 CFR §§ 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 the applicant previously passed the examination. An applicant 

subject to the provisions of 37 CFR § 11.7(k) must submit the fee specified in 

37 CFR § 1.21(a)(10) for each determination by the OED Director under 37 CFR § 11.7.

For purposes of 37 CFR § 1.21(a)(10), an applicant who withdraws the application 

during an investigation regarding the applicant’s present moral character and reputation 

will be considered to have obtained a determination by the OED Director under 

37 CFR § 11.7.

IV. INSTRUCTIONS FOR APPLYING FOR ADMISSION TO THE EXAMINATION

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

system. A candidate for registration to practice in patent cases before the USPTO must 

apply to OED by completing a registration application form and submitting all required 

documentation and government fees. A commercial test delivery provider, Prometric, will 

administer the computer-based examination. The location of Prometric test sites and 

Prometric test delivery policies are available at the Prometric web site, 

www.prometric.com. Prometric also provides a toll free number for USPTO registration 

examination applicants (800-479-6369).

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

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

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 OED. It is strongly recommended that no incomplete 

application be filed.

Facsimile transmissions of applications will not be accepted. See 37 CFR §§ 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 Mailstop OED, U.S. Patent and Trademark Office, P.O. 

Box 1450, Alexandria, Virginia 22313-1450: 

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 § 1.21(a)(1)(i)

-or-

$1600.00 non-refundable fee if required pursuant to 37 CFR § 1.21(a)(10);
- 11 -

$200.00 registration examination fee to the United States Patent and Trademark 

Office for test administration by a commercial entity. [37 CFR § 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 § 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 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); and

If the applicant is an alien, then the applicant must provide a copy of all 

documents submitted to and received from the USCIS.

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

application form in permanent ink, computer, or typewriter; not pencil. An applicant must 

personally sign the application with an original handwritten signature in permanent dark 

ink or the equivalent. 37 CFR § 1.4(e). Facsimiles of applications will not be accepted.

See 37 CFR § 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. After completing the application, check the application to ensure that all

questions have been answered, and keep a copy of the completed application papers.

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

reported in writing. 37 CFR § 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 § 1.4(e). 37 CFR § 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 to the information sought by the 

question. An applicant must continue to update the 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. Applicant must provide his or her complete legal name, including first name, 

middle name (not initial) and last name. Correspondence will be conducted using 

applicant’s complete name. 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 
- 12 -

line 1a, check the reasonable accommodations box only if a request for the same is 

attached along with supporting documentation.

Line 1b. Applicant provides his or her 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, applicant must enter the 

address where OED can communicate with applicant during the day between 8:30 a.m. 

and 5 p.m. Eastern time. If OED is to communicate with applicant at a business, the 

name and address of the business must be furnished.

Government Employees: If applicant is 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 

applicant is employed. Applicant may not use applicant’s home address or another 

business address. If applicant wishes notices to be sent to applicant’s home address, 

supply applicant’s home address on a separate sheet of paper.

Line 2. Citizenship. Provide the country of applicant’s citizenship.

Line 3. Date of Birth. Provide the date of applicant’s birth.

Line 4. Place of Birth. Provide the city, state and country where applicant was born.

Line 5. Visa Classification. If applicant is a non-immigrant alien, state applicant’s visa 

classification.

Line 6. Permanent Resident. For an applicant who is not a U.S. citizen, check "yes" if 

applicant is classified as a permanent resident. Check "no" if applicant has not been 

classified as a permanent resident.

Line 7. Alien Registration Number. If applicant has been classified as a permanent 

resident, provide applicant’s alien registration number. Submit a copy of both sides of 

applicant’s permanent resident card.

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

applicant should carefully review the provisions of 37 CFR §§ 11.7(h) and 11.7(k) to 

determine whether the fee set forth in 37 CFR § 1.21(a)(10) is required. Failure to submit 

the appropriate application fee may cause disapproval of an application. An applicant 

subject to the provisions of 37 CFR § 11.7(h)(1), § 11.7(h)(4) and/or 37 CFR § 11.7(k) 

must submit the fee set forth in 37 CFR § 1.21(a)(10) for each determination by the OED 

Director regarding good moral character and reputation of the applicant. An applicant 

who submits the fee set forth in 37 CFR § 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 § 1.21(a)(10) has been refunded 
- 13 -

in whole or in part, or if applicant has received an adverse determination by the OED 

Director regarding applicant’s present good moral character and reputation, applicant will 

need to resubmit the fee under § 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 box for the government 

registration examination fee. Please note that Prometric will charge applicant a separate 

test administration fee.

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

on line 9b if applicant is a former patent examiner or other USPTO employee and seeks 

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

Line 10. Passed examination. Check the box on line 10 if applicant previously passed 

an examination, and in the space provided give the date applicant passed the 

examination. 

Line 11. Reinstatement. Check the box on line 11 if applicant is seeking reinstatement, 

whether applicant’s name was inactivated due to government employment, applicant 

resigned from the register of attorneys and agents recognized as entitled to represent 

applicants in patent matters before the office, or applicant was transferred to disability 

inactive status, suspended or excluded pursuant to the provisions of 37 CFR Part 11.

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

examination, whether or not applicant was admitted to the examination, or sought 

evaluation of applicant’s qualifications. If applicant previously applied, give the date of 

the application.

Line 13. Prior registration. Check the box and give applicant’s registration number if 

applicant was ever registered to practice in patent cases before the USPTO as an 

attorney or agent.

Line 14. Bar membership. Check the box if applicant is 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 the application. Upon passing 

the examination, an attorney is 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 applicant to denial of registration, revocation 

and/or discipline. See, e.g., 37 CFR §§ 11.7(a)(2)(i) and 11.801, as well as 11.804(c) 

and (d). Therefore, applicant should be diligent and complete in providing applicant’s
- 14 -

responses to these questions in the first instance. In addition, applicant has 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 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 applicant to discipline. Applicant will not be 

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

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

explanation, applicant 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 applicant was, what applicant was 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, along 

with a full explanation regarding applicant’s compliance with the sanctions; (e) a 

complete copy of all documents and records in connection with the incident as well as 

documentation of applicant’s request for such records; (f) a complete copy of all court 

records/file in connection with the incident and documentation of applicant’s 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, applicant’s compliance with 

sanctions, and applicant’s request for such records. If applicant is not able to obtain 

copies of all relevant documents, applicant must nonetheless provide documentation 

showing applicant’s request for such documents as well as any letter received in 

response to such a request for documents or records. An application that does not 

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

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

the 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.

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, credit 

cards or electronic funds transfer), 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. 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.
- 15 -

37 CFR § 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."

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 § 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 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 the 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 § 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, if 

the applicant has passed 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. If the applicant has passed the examination, the 

registration process will continue after the required fees and the processing fee required 

by 37 CFR § 1.21(m) have been paid in full.

If an applicant owes funds required by 37 CFR § 1.21(a)(i) and (ii) in regard to a 

previous application or examination, as well as the fee required by 37 CFR § 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 was not admitted to 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 37 CFR §1.21(a)(i) for the previous application, 

and the $50.00 processing fee required by 37 CFR § 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, the applicant must pay $290.00 in additional fees, i.e., the $40.00 and 

$200.00 fees required by 37 CFR § 1.21(a)(i) and (ii), and the $50.00 processing fee 

required by 37 CFR § 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.
- 16 -

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, an applicant is strongly encouraged to file only a complete application.

An application for the USPTO administered examination must be received on or before a 

specified deadline. An announcement specifying the date of the USPTO administered 

examination and the deadline for filing an application will be published each fiscal year in 

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

http://www.uspto.gov/ip/boards/oed/exam/registration.jsp. The USPTO administered 

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

A. COMPLETE APPLICATION: Applicant is strongly encouraged to gather all information 

and documentation before submitting an application. An applicant applying under 

Category B must submit all course descriptions and any other documentation with the 

application. An alien must submit all required information and documentation with the 

application.

B. INCOMPLETE APPLICATIONS: OED will notify applicant 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 an applicant to complete the application. An 

applicant 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 § 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.

An applicant failing to respond within the 60-day period will also be disapproved.

Upon disapproval of an application, OED will provide by letter 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.

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-
- 17 -

delivery or courier services, applicant may obtain the street address for OED by calling 

571-272-4097.

An applicant 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 OED regarding the 

status of an application unless applicant has not received a response four weeks after 

submitting an application or papers.

VII. THE PROCESS FOLLOWING APPLICATION FOR ADMISSION TO THE EXAMINATION

A. GENERAL INFORMATION: After OED receives an application and the proper fees are 

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

shall be reviewed for completeness and for sufficiency of scientific and technical training.

An applicant who is qualified and eligible for admission to the registration examination is 

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

An applicant who submitted an application that is determined to be “incomplete” is 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; fees; 

transcripts; or 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. 

An applicant must submit both the application fee ($40.00) and either the $200.00 or 

$450.00 registration examination fee to receive an evaluation of his or her qualifications.

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

Number (USPTO ID number). All notifications sent by OED will include the USPTO ID 

number. An applicant should use the USPTO ID number when corresponding with OED.

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 OED DIRECTOR: An applicant dissatisfied with disapproval of 

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

the OED Director for review of the decision. See 37 CFR § 11.2(c). The petition must 

bear an applicant's original signature. See 37 CFR § 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.
- 18 -

The OED Director will review an applicant’s petition and send the applicant a written 

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

Director 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.

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

Director refusing admission to the registration examination may be reviewed upon 

petition to the Director of the United States Patent and Trademark Office (USPTO 

Director) pursuant to 37 CFR § 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 § 1.21 

(a)(5)(ii), and must be filed within 30 days of the final decision of the OED Director. Any 

petition submitted after 30 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. An applicant 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 § 1.6. Therefore, replies or petitions 

should be mailed sufficiently in advance to be received on or before the deadline. Hand 

carried mail to OED will be received only during public hours (8:30 AM to 5:00 PM). For 

hand-delivery or delivery by courier, an applicant may obtain the street address for OED 

by calling 571-272-4097.

ii. Certificate of Mailing Procedure under 37 CFR § 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 § 1.8. Because facsimile transmission of registration applications is not 

accepted, a certificate of transmission may not be used. See 37 CFR §§ 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 § 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 § 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, an applicant 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.
- 19 -

VIII. REASONABLE ACCOMMODATIONS

A. REASONABLE ACCOMMODATIONS REQUESTS: A Request for Reasonable 

Accommodation package [Form PTO 158RA] has been developed to facilitate an 

applicant’s request for reasonable accommodation due to a mental and/or physical 

medical condition to take the examination for registration to practice before the United 

States Patent and Trademark Office (also known as the registration examination). The 

Request for Reasonable Accommodation package consists of an Applicant’s Statement 

and a Licensed Health Care Professional’s Statement. If an applicant requests a 

reasonable accommodation to take the registration examination, then the applicant must 

complete this package. Failure to provide the requested information may result in the 

USPTO having insufficient information to grant the requested accommodation.

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.

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

accommodations granted will be mailed.

i. An applicant admitted to the USPTO-administered examination will be given specific

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

ii. An applicant admitted to the commercially-administered examination is provided

additional time to schedule the examination with Prometric. Scheduling may take up to 

30 days. An applicant granted admission to the commercially-administered examination, 

after receiving the noted reasonable accommodation from OED, must then call the 

Reasonable Accommodations Department in the 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 OED.

B. INSTRUCTIONS FOR COMPLETING THE REASONABLE ACCOMMODATIONS PACKAGE [FORM 

PTO 158RA]: An applicant should provide detailed responses to the questions in the 

Applicant's Statement. An applicant may use additional paper, if necessary, to answer 

the questions.

The applicant must also provide a completed Licensed Health Care Professional’s 

Statement and/or other acceptable medical evidence to support the claim.

The completed package should be submitted to the United States Patent and Trademark 

Office’s Office of Enrollment and Discipline with the completed Application Form 158. A 

Request for Reasonable Accommodation submitted separately from the Application 

Form 158 should be addressed to Mail Stop OED, Director of the U.S. Patent and 

Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. For additional guidance 

you may contact the Office of Enrollment and Discipline at 571-272-4097.

C. REAPPLICATION: An applicant who received a reasonable accommodation(s) for a 

prior registration examination must submit a new Applicant’s Statement with each new 

Application for Registration (PTO Form 158). Depending on the type of impairment from 

which the applicant suffers, the applicant may want to submit a new Licensed Health 
- 20 -

Care Professional’s Statement as well. In deciding whether to submit a new Licensed 

Health Care Professional’s Statement, the applicant should consider that the Agency’s 

determination of both whether to grant an accommodation and what accommodation(s) 

is appropriate is based on an assessment of the current impact of the applicant’s 

disability on the testing activity. For example, if the applicant suffers from an impairment 

that is temporary or changes over time, it may not be possible for the Agency to assess 

whether an accommodation should be granted if the Licensed Health Care 

Professional’s Statement is not current. For chronic or long-term conditions, a new 

Licensed Health Care Professional’s Statement may not be necessary.

IX. THE EXAMINATION

A. Source of Examination Questions: The examination is designed to test an 

applicant's knowledge of applicable patent laws, rules and procedures, and the ability to 

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. § 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 should be familiar with the patent laws, USPTO rules of practice (Parts 1, 3, 

11, 41 and 42 of Title 37 of the Code of Federal Regulations), procedures as related in 

the Manual of Patent Examination Procedure (MPEP), and other published USPTO 

policy and procedure. Questions on the examination are based on the MPEP and other 

published USPTO policy and procedure reference materials. The applicable laws, rules 

and procedures as set forth in the published USPTO policy and procedure reference 

material will control in the event of a conflict with the MPEP. An announcement will be 

made by OED to notify the public of the date on which updated reference materials will 

begin appearing on the examination. The announcement will be made in the Official 

Gazette and on the Internet at the following Web address:

http://www.uspto.gov/ip/boards/oed/exam/registration.jsp. The announcement on the 

Internet will also identify the MPEP version and any other published USPTO policy and 

procedure reference materials on which questions are based. These reference materials 

will be available during the examination.

B. MULTIPLE CHOICE QUESTIONS: The examination is 100 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.

C. PROHIBITED ITEMS AT THE EXAMINATION SITE: An applicant may not bring any 

documents, materials, machines, or electronic devices (including computers, telephones, 

recording devices, cameras, and typewriters) into the examination.

i. Commercially Administered Examination: The reference materials will be available 

on the computer delivering the examination questions. Prometric will provide a storage 

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

ii. USPTO Administered Examination: Paper copies of the reference materials will be 

made available. An applicant granted admission to the USPTO examination may not 

bring a copy of the MPEP or any other reference material into the examination.
- 21 -

D. EXAMINATION PREPARATION MATERIALS: The MPEP and other reference materials are 

available on the USPTO web site. The Office, including OED, will not counsel an 

applicant 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. Examination Results: Official examination results will be released by OED. Results 

of the examination will be mailed to an applicant soon after the date the applicant took 

the examination. An applicant passing the examination will also receive instructions for 

completing the registration process at that time.

i. An applicant who takes the commercially administered examination will receive official 

results by mail soon after the date of the examination. A registration candidate taking the 

morning and afternoon sessions of the computer-delivered examination in a single day 

will receive unofficial results at the end of the examination on the computer on which 

they take the examination.

ii. An applicant who takes the USPTO administered examination 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 Prometric 

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

an applicant who receives 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 Prometric for allowing 

entrance to the examination site.

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

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

applicant should coordinate an examination date with Prometric and take the 

examination. After this 90-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. Prometric Fee Collection: Prometric collects a $155.00 examination administration 

fee from each candidate. Payment is due at the time the testing appointment is 

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

advance; an applicant will not be permitted to sit for the examination until the $155.00 

examination administration fee has been paid to Prometric.

ii. Scheduling the Examination Location: An applicant schedules an examination 

location directly with Prometric after OED has approved the applicant for admission to 
- 22 -

the examination. An applicant will be required to pay a $155.00 examination 

administration fee to Prometric at the time he or she schedules the examination.

Instructions for contacting Prometric will be provided in the admission letter or e-mail 

sent to the applicant.

An applicant is strongly urged to schedule his or her 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. An approved applicant will have three options 

for scheduling the examination with Prometric. An applicant may schedule over the 

Internet at Prometric.com, call a toll-free number at the Prometric customer service 

center (1-800-479-6369), or contact the local testing center.

iv. Prometric’s Cancel/Late/No-Show/Reschedule Policies: An applicant 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. A late-arriving applicant, an 

applicant rescheduling his or her examination date and an applicant who fails to take a 

scheduled examination will be subject to Prometric rescheduling and fee policies.

Prometric’s policies are available on Prometric’s web site. Prometric has no authority to 

schedule outside the testing window assigned by OED.

There are two methods by which an applicant may reschedule the examination. An 

applicant may reschedule through the Internet on the Prometric web site at 

www.prometric.com; or an applicant may reschedule by calling the 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.

An applicant who does not appear for a scheduled examination will lose his or her 

eligibility at Prometric. If sufficient time remains in the testing period, the applicant may 

contact OED to reset his or her eligibility. An applicant who does not appear for the 

examination on the scheduled date and time forfeits ALL fees previously paid to the 

USPTO. If insufficient time remains in the testing period for applicant’s eligibility file to be 

reset by OED, the applicant must reapply to again be admitted to an examination.

C. WHAT TO BRING TO THE TESTING CENTER:

For admission to 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.
- 23 -

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. An 

admission letter will not be accepted for admission to the testing center. No name 

changes will be permitted at testing centers.

DO NOT BRING reference materials, other study materials, notes or scratch paper into 

the testing area or the testing center. Reference materials will be available on the 

computer delivering the examination. 

An applicant admitted to the USPTO administered examination will be furnished a 

paper copy of the reference materials during the examination. An applicant admitted to 

the USPTO administered examination should bring at least two “#2” pencils for recording 

responses to questions on an answer sheet provided at the beginning of the 

examination.

D. TESTING CENTER PROTOCOLS:

i. Commercially Administered Examination: An applicant 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.

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 an applicant with operation of the 

test engine. A fifteen-minute survey follows the end of the examination.

Prometric provides an applicant with scratch paper and a pencil. An applicant may not 

bring his or her 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. An applicant is not allowed to remove any portion of the scratch 

paper from the testing center.

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

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

breaks during which the test timing will continue.

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

area is under continuous video monitoring. An applicant 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: An applicant granted admission to the USPTO 

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

The materials needed for the examination will be provided at the examination site. An 

applicant is not allowed to remove any material from the testing center.
- 24 -

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

planned into the USPTO administered examination, however an applicant taking the 

USPTO administered examination may take a personal relief break while the timed 

examination continues. An applicant who arrives late will not be admitted to the 

examination. The USPTO administered examination may not be re-scheduled. There is 

no refund of the $450.00 examination fee.

E. APPLICANT NEW CONTACT INFORMATION: An applicant changing his or her address 

and/or telephone number must separately notify OED and Prometric of the change.

F. FINAL SCHEDULING NOTIFICATION:

i. Commercially Administered Examination: An applicant granted admission to the 

commercially delivered examination will receive correspondence from Prometric 

confirming the date applicant is scheduled to take the examination. An applicant should 

keep Prometric’s confirmation for future reference.

ii. USPTO Administered Examination: The USPTO administered examination is given 

only at the USPTO in Alexandria, Virginia. An applicant admitted to the USPTO 

administered examination will receive notification of the date, time and location of their 

examination in their admission letter.

XI. REAPPLYING FOR THE EXAMINATION

A. UNSUCCESSFUL APPLICANTS VIEWING THE EXAMINATION QUESTIONS: Within 65-days 

from the date an applicant fails the examination, the applicant may review, but not copy, 

the questions and answers he or she answered incorrectly. The questions and answers 

may be reviewed by computer at a Prometric test site. No notes may be taken, and 

copies of the questions or answers may not be obtained. 

Only one review session may be scheduled for each examination taken.

See 37 CFR § 11.7(e). An unsuccessful applicant may schedule a date and time for 

inspection by calling Prometric at 800-479-6369 during normal business hours or via the 

internet 24 hours per day, 7 days a week at www.prometric.com.

Alternatively, a review session may be scheduled at the Office of Enrollment and 

Discipline, 600 Dulany Street, Madison West, 8th Floor, Alexandria, VA 22313. Please 

contact the Office of Enrollment and Discipline at 571-272-4097 to schedule a review 

session.

B. FAILURE TO PASS THE EXAMINATION: 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 § 11.7(b)(1)(ii). Eligibility for retesting of an applicant who 

does not pass the registration examination is controlled by OED. An applicant should not 

make retesting inquiries to Prometric.

An applicant reapplying after a notice of failure must submit the following:
- 25 -

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 § 1.21(a)(1)(i). An 

applicant subject to the provisions of 37 CFR § 11.7(h)(1), § 11.7(h)(4), and/or 

37 CFR § 11.7(k) who did not pass the examination must submit the $40.00 nonrefundable application fee required by 37 CFR § 1.21(a)(1)(i) but need not resubmit the 

$1600.00 fee set forth in 37 CFR § 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 § 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 § 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 § 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.

XII. REFUNDS OF USPTO FEES

The $40.00 application fee is non-refundable. The $200.00 or $450.00 registration 

examination fee is non-refundable after OED receives an application, except as noted 

below.

Refund of any fee is governed by the provisions of 35 U.S.C. § 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 OED denies an applicant 

admission to the examination for filing an incomplete application or failing to meet the 

qualifications for admission. An applicant who has submitted the $1,600.00 fee under 

37 CFR § 1.21(a)(10) will be refunded that fee less a $40.00 application fee if he/she is 

denied admission to the examination.

An applicant admitted to and thereafter withdrawing from, failing to appear for or arriving 

too late to be admitted to an examination must file another application, and again pay 

the $40.00 application fee and the applicable registration examination fee. Likewise, an 

applicant denied admission to a previous examination must thereafter file another 
- 26 -

application, and again pay the $40.00 application and appropriate registration 

examination fee.

XIII. WAIVERS OF REGULATIONS REGARDING THE EXAMINATION

A petition may be filed under 37 CFR § 11.3 requesting in writing that a requirement of 

the regulations, which is not a requirement of the statutes, be suspended or waived in an 

extraordinary situation, when justice requires.

XIV. SUCCESSFUL COMPLETION OF THE EXAMINATION

Upon successful completion or waiver of the examination, the OED Director will publish 

a solicitation for information concerning the applicant’s moral character and reputation. 

See 37 CFR § 11.8(a). If the OED Director receives information from any source that 

reflects adversely on the good moral character or reputation of an individual seeking 

registration or recognition, the OED Director shall conduct an investigation into the good 

moral character and reputation of that individual. The investigation will be conducted 

after the individual has passed the registration examination, or after the registration 

examination has been waived for the individual, as applicable. 37 CFR § 11.7(g)(2)(i). 

OED will send the applicant a letter explaining further steps to be taken to complete the 

registration process. An applicant passing the registration examination who does not 

complete the registration or limited recognition process within two years from the date of 

notice of passing the registration examination will be required to retake and pass the 

examination. See 37 CFR §§ 11.8(b) and 11.8(c).

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. A certificate or letter from the state bar is not acceptable as 

evidence of “good standing.” 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. Do not file the certificate of good 

standing with the application.

An attorney for whom no certificate of good standing is received will be registered as a 

patent agent. 

XV. FINDING OED INFORMATION ON THE INTERNET

Information about the registration examination and required forms are available at the 

OED home page http://www.uspto.gov/ip/boards/oed/.
- 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. 

§§ 1.6 and 31, (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 this form will be subject to the following routine uses:

1. Information 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 § 11.7.

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. § 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. §§ 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.
OMB No. 0651‐0012 Approval Expires 09/30/2014

   

FORM PTO‐158 (Rev. Feb. 21, 2013)        United States Patent and Trademark Office

APPLICATION FOR REGISTRATION TO PRACTICE

BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE

THIS SPACE FOR UNITED STATES PATENT

AND TRADEMARK OFFICE USE ONLY

Under the Paperwork Reduction Act of 1995, no person is 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 §§ 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 required 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, P.O. Box 1450, Alexandria, VA 22313‐1450

1a. Legal Name

First Name    Middle Name        Last Name

Reasonable

Accommodation

Request Attached 1b. Name shown on

  valid Government ID

1c. Address

(street, bldg.,  

   suite, etc.)

Employer, corporation, law firm, U.S. Government agency.  Indicate if student or unemployed.

1d.  City 1e.  State 1f.  Zip code 1i. E‐mail (secondary)

2.  Citizenship (country) 3.  Date of Birth (month, day, year) 4.  Place of Birth (City, State, Country)

FOR ALIENS

ONLY

5. Visa Classification 6. Permanent Resident of the United States      

Attach copy of both sides of

permanent residence documentation

  ☐   YES

  ☐   NO

7.  Alien Registration Number

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 § 11.7)  

         ☐ Enclosed is the non‐refundable $40.00 application fee set forth in 37 CFR § 1.21(a)(1)(i).

OR

         ☐ Enclosed is the $1,600.00 fee set forth in 37 CFR § 1.21(a)(10).

8b. Registration Examination Fee:

         ☐ I will utilize a commercial test administration service.  Enclosed in the Government registration examination fee of $200

for test administration by a commercial entity.  37 CFR § 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 USPTO.  37 CFR § 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 § 1.21(a)(1)(i) OR 37 CFR § 1.21(a)(10)

         ☐ 37 CFR § 11.7(d)(2).  Enclosed is the applicable fee under either 37 CFR § 1.21(a)(1)(i) OR 37 CFR § 1.21(a)(10)

         ☐ 37 CFR § 11.7(d)(3).  Enclosed is the applicable fee under either 37 CFR § 1.21(a)(1)(i) OR 37 CFR § 1.21(a)(10)

10.   ☐ Passed Examination:  I passed an examination on _____________________.  Enclosed is the required registration fee  

of $100.00 (37 CFR § 1.21(a)(2)) and a completed data sheet.

11.   ☐ Reinstatement:  I am applying for reinstatement, or as a former government employee, for a change from inactive to  

active status.  Enclosed is my required fee under 37 CFR § 1.21.

12.   ☐ 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: _______________________________

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 numbers(s) follows:

_______________________________________________________________________________________________

_______________________________________________________________________________________________

1g. Phone Number (daytime)

1h. E‐mail (primary)
FORM PTO‐158 (Rev. Feb. 21, 2013) Page 2

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?

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 country 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.)

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 a request to

resign or in time to avoid discipline, reprimand, suspension, or expulsion for conduct involving dishonesty, fraud,

misrepresentation, or deceit?

18. Have you ever been disciplined, reprimanded, or suspended in any job for conduct involving dishonesty, fraud,

misrepresentation, deceit, or for any violation of Federal or State laws or regulations?

19. Have you ever been fired or discharged from any job, or have you been asked to resign or quit for conduct

involving dishonesty, fraud, misrepresentation, deceit, or any violation of Federal or State laws or regulations?

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?

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?

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.)

BACKGROUND INFORMAT ION: Can dor and truthfu lness are s ignificant elements of fi tness re levant to practic e b efore th e U nited Stat es 

Patent and T rademark Office. You should, ther efore, provide the Office of Enrollment a nd Discipline with all available inform ation, 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 y our registration. Any documents, evidence or pr oofs previously filed in a pri or application need not be res ubmitted 

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, should you become registered. See 37 CFR §§ 11.7(a)(2)(ii), 11.19, and 11.801.

☐ YES   ☐ NO

☐ YES   ☐ NO

☐ YES   ☐ NO

☐ YES   ☐ NO

☐ YES   ☐ NO

☐ YES   ☐ NO

☐ YES   ☐ NO

☐ YES   ☐ NO

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 matters

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. § 1001)).

  24. Signature of Applicant   Date

  Mail completed application to:  

  Mail Stop OED, United States Patent and Trademark Office, P. O. Box 1450, Alexandria, VA 22313‐1450
PTO/275 (Rev January 23, 2008)

Approved for use through 09/30/2014 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.

United States Patent and Trademark Office

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 23, 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). l 

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 
Form PTO 158RA (11/13) Page 1 of 9

Form PTO 158RA (11/13)

OMB Control Number 0651-0012; Approved for use through 09/30/2014

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

REQUEST FOR REASONABLE ACCOMMODATION

APPLICANT’S STATEMENT

1. Name of Applicant (last, first, middle): __________________________________________________________________

Applicant’s address:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

a. Telephone: _______________________________________________________________________________

b. E-mail address: ____________________________________________________________________________

2. Location of Exam: _________________________________________________________________________________

3. Date of Exam: ____________________________________________________________________________________

4. Describe applicant’s medical condition(s) (i.e., illness, disease, or injury) and how it (they) interfere(s) with applicant’s 

ability to complete the registration examination in the standard time allotted and/or in the standard conditions.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

5. Please provide the date of the most recent evaluation of applicant’s disability: ___________________________________

6. Did applicant apply for and receive nonstandard testing accommodation for classroom examinations and/or admissions 

tests? □ YES □ NO 

IF YES, (1) check all that apply (2) describe the specific accommodations, (3) specify amount of additional time received, 

and (4) if applicable, please note if accommodations were denied. 

Accommodations Additional Time Granted Denied

□ Grade School

□ High School

□ College

□ Law School

□ SAT

□ LSAT

□ MPRE

□ GMAT

□ Bar Exam

□ Other please specify:

□ None
Form PTO 158RA (11/13) Page 2 of 9

a. Please provide supporting documentation for the accommodations received above.

b. If applicant was denied for any of the above, please explain and attach relevant documentation.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

7. Has applicant previously applied to take a registration examination(s)? □ YES □ NO 

a. Did applicant request any accommodations? □ YES □ NO 

IF YES, complete the following and provide supporting documentation:

Date of Exam Accommodation Received

8. Describe specifically what accommodation(s) applicant thinks could be made so that the test results accurately reflect 

applicant’s knowledge of patent laws, rules and procedures rather than reflecting any impairment to applicant’s abilities 

from a disability. Note that any accommodation applicant requests must be supported by the Licensed Health Care 

Professional’s statement(s) applicant submits (e.g., if applicant requests twice the amount of time to take the exam, then 

one of the Licensed Health Care Professional statements applicant submits must indicate that applicant needs twice the 

amount of time to take the exam and explain why applicant needs twice the amount of time).

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

This collection of information is required by 35 U.S.C. 2(b)(2)(D) and 37 CFR 11.7. This information is used by the Office to 

process requests for reasonable accommodations due to medical conditions to take the examination for registration to practice

before the United States Patent and Trademark Office (USPTO). The Office will keep the information on this form confidential to 

the extent allowed under the Freedom of Information Act (FOIA) and the Privacy Act. Response to this information collection is 

voluntary; however, if the applicant does not provide the requested information, the USPTO may not have sufficient information to 

grant applicant’s request for reasonable accommodation. This form, together with the Application for Registration (PTO-158) with 

which it must be submitted, is estimated to take 90 minutes to complete, including gathering, preparing, and submitting the 

completed application to the USPTO. Any comments on the amount of time the applicant requires to complete this information 

collection and/or suggestions for reducing the burden created by this collection should be sent to the Chief Information Officer, 

United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED 

FORMS TO THIS ADDRESS. SEND THE FORM AND FEES TO: Mail Stop OED, United States Patent and Trademark Office, 

P.O. Box 1450, Alexandria, VA 22313-1450.
Form PTO 158RA (11/13) Page 3 of 9

REQUEST FOR REASONABLE ACCOMMODATION

APPLICANT'S STATEMENT

PRIVACY ACT STATEMENT AND CERTIFICATION AND CONSENT BY THE APPLICANT:

The USPTO will process requests for reasonable accommodation and, where appropriate, provide reasonable accommodations in 

a prompt, fair and efficient manner.

The Privacy Act of 1974 (P.L. 93-579), 5 U.S.C. § 552a(e)(3), requires that applicant be given certain information in connection 

with the request for personal information solicited on the Request for Reasonable Accommodation forms. Accordingly, please be 

advised that (i) the authority for the collection of this information is 35 U.S.C. § 2(b)(2)(D) and Section 504 of the Rehabilitation Act,

(ii) furnishing of the information solicited is voluntary, and (iii) the principal purpose for which the information will be used is to 

process requests for reasonable accommodation for the registration examination to practice before the United States Patent and 

Trademark Office (USPTO) in patent cases. If applicant does not furnish the requested information, the USPTO may not have the 

information necessary to grant applicant’s request for reasonable accommodation. Routine uses of the information applicant

provides on these forms may include disclosure to USPTO staff or other authorized personnel who require access to this 

information in the performance of their duties in processing these requests and administering an accommodation to applicant.

Under the Rehabilitation Act, medical information obtained in connection with the reasonable accommodation process must be 

kept confidential. This means that all medical information, including information about functional limitations and reasonable 

accommodation needs that USPTO obtains in connection with a request for reasonable accommodation, must be kept in files 

separate from the individual’s application file. The information provided by applicant will be used primarily to facilitate the 

processing of applicant’s request for accommodation. Only parties who need to know this information as necessary and 

appropriate to make a determination about applicant’s request for reasonable accommodation will have access to this information.

All records obtained or created during the processing of a request for reasonable accommodation, including medical records, will 

be kept in the applicant’s medical file and will be maintained in accordance with the Privacy Act and the requirements of 29 CFR 

Part 1611.

I hereby certify that all statements made above are true to the best of my knowledge and belief. I hereby give permission for the 

release of information about my medical condition(s) to authorized agency officials.

________________________________________ _____________________ ______________________

Signature (do not print) Date Phone number
Form PTO 158RA (11/13) Page 4 of 9

REQUEST FOR REASONABLE ACCOMMODATION

LICENSED HEALTH CARE PROFESSIONAL’S STATEMENT

Applicant seeks to take the examination for registration to practice in patent cases before the United States Patent and Trademark 

Office (USPTO). The registration examination consists of 100 multiple choice questions. The exam is split into a morning session 

of 3 hours and an afternoon session of 3 hours. Fifty questions are asked during each of those sessions. Applicant is asking the 

USPTO to alter how the exam is administered because he/she has a disability(ies) that prevents him/her from completing the exam 

in the allotted time and/or under the standard conditions. Applicant is required to submit medical documentation to demonstrate 

that he/she has a physical or mental impairment that substantially limits one or more of his/her major life activities and to support 

his/her request for a reasonable accommodation. The Office of Enrollment and Discipline (OED) at the USPTO has developed this 

Licensed Health Care Professional’s Statement to assist medical professionals in providing the type of information that OED needs 

to determine whether a reasonable accommodation is warranted.

Applicant is responsible for any costs incurred in connection with providing this documentation.

A new medical examination is not necessary if the Licensed Health Care Professional can provide current information 

from his/her records.

Enclose this completed Licensed Health Care Professional’s Statement and any attachments in a sealed envelope marked 

“CONFIDENTIAL MEDICAL RECORDS.” Send it to the address shown below. Alternatively, it may be given directly to the 

applicant for delivery to OED at the USPTO.

Address to which Licensed Health Care Professional can mail statement:

U. S. Patent and Trademark Office

Mail Stop OED

Director of the US Patent and Trademark Office

PO Box 1450

Alexandria, VA 22313-1450

FAX: (571) 273-4097

E-mail: OED Reasonable Accommodations@USPTO.gov 

Please complete this statement within 2 weeks. Please note that illegible or incomplete statements will not be accepted. 

Furthermore, additional sheets and reports may be attached, if necessary, to fully respond to any questions. Incomplete answers 

may result in the rejection of this statement and ultimately the applicant’s request for a reasonable accommodation.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from 

requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this 

law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for 

medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an 

individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic 

services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by 

an individual or family member receiving assistive reproductive services.
Form PTO 158RA (11/13) Page 5 of 9

APPLICANT'S CONSENT TO RELEASE MEDICAL INFORMATION

I authorize the release to the United States Patent and Trademark Office of any and all information or records

connected with my physical/mental impairment(s) (illness, disease, or injury) which are the basis of my Request 

for Reasonable Accommodation.

 _______________________________________________ _________________________

 Applicant’s signature (do not print) Date

 _______________________________________________

Applicant’s name (type or print)
Form PTO 158RA (11/13) Page 6 of 9

1. Patient’s:

a. Name: ______________________________________________________________________________

b. Address: ______________________________________________________________________________

 ______________________________________________________________________________

2. Licensed Health Care Professional completing this form:

a. Name: ________________________________________________________________________

b. Profession: ________________________________________________________________________

c. Office address: ________________________________________________________________________

 ________________________________________________________________________

d. Telephone number: ________________________________________________________________________

e. E-mail address: ________________________________________________________________________

3. Please provide a full explanation of your qualifications to submit this statement (include relevant education, certifications, 

licenses and professional history):

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

4. _____________________________________ was my patient from ___________________ to _____________________ 

and (□ DID □ DID NOT) become my patient, in part, for the purpose of procuring a report to be submitted to obtain 

nonstandard testing accommodations for taking of an examination.

5. My specific diagnosis (ICD 9 code and/or DSM IV code) for the patient’s condition(s) or illness creating a disability is as 

follows:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________
Form PTO 158RA (11/13) Page 7 of 9

6. A full explanation of the basis for my diagnosis is as follows:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

7. The specific and detailed nature and extent of the disability:

a. Is the applicant substantially limited in a major life activity? □ YES □ NO

b. IF YES, state what activities are affected:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

8. The applicant’s illness or condition is: □ permanent □ temporary (check one)

a. If temporary, the disability will terminate on _______________________________________________________

9. The date of the onset of the patient’s illness or condition was ________________________________________________

10. I last examined the patient on _________________________________________________________________________

11. Test(s) administered and dates thereof:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

12. Copies of the test results and reports concerning the tests are attached hereto: □ YES □ NO

13. If such copies are not attached, the reason for their absence is:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________
Form PTO 158RA (11/13) Page 8 of 9

14. In the case of ADHD:

a. Did the applicant have a previously documented history of ADHD at the time of your evaluation? □ YES □ NO. 

IF YES, briefly describe below. If no, what objective evidence has been presented for your review that supports 

a likely history of undiagnosed ADHD (e.g., school records and previous psychological tests)?

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

b. Does the applicant exhibit clinically significant impairment across multiple life domains (e.g., academic, work, 

social, etc.)? □ YES □ NO. IF YES, briefly describe:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

15. My treatment of the applicant consists of:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

16. As a result of my examination, tests and treatment of the patient, I have made the following findings and conclusions:

a. Presenting complaints:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

b. Objective findings:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________
Form PTO 158RA (11/13) Page 9 of 9

17. In your medical opinion, what accommodations would you recommend that your patient receive to be able to have the 

results of the registration examination accurately reflect his/her knowledge of patent laws, rules and procedures, rather 

than any impairment that results from his/her disability? Examples of accommodations USPTO has given in the past are 

an exam with larger font, additional time, a separate testing room from the main testing room, and additional lighting.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

18. Provide a full description of the basis for the recommended nonstandard testing accommodations:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

I declare under penalty of perjury that the above information is true and correct to the best of my knowledge.

Executed on _____________________________________ at ______________________________________________

 Date City and State

By ____________________________________________

 Signature

_______________________________________________ ______________________________________________ 

Type or Print Name State License Number