How to become a Registered Patent Agent (non-attorney)

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How to become a Registered Patent Agent (non-attorney)

To become a Registered Patent Agent (a non-attorney licensed by the USPTO to practice patent prosecution), you basically have to (1) qualify technically, (2) apply through USPTO OED, (3) pass the Patent Bar, and (4) finish registration paperwork.

1) Confirm you’re eligible (technical + character)

A. Scientific/technical qualification

USPTO requires you to prove sufficient scientific and technical training under the General Requirements Bulletin (GRB)—most people qualify through:

  • Category A: A listed bachelor’s degree (common STEM majors)

  • Category B: Other degrees + specific science/engineering coursework

  • Category C: Practical engineering/science experience (typically via passing the FE exam)

This framework is described in the USPTO GRB and related USPTO guidance.

B. Good moral character & reputation

You’ll answer background questions as part of the OED application, and some histories can trigger extra review/fees. (USPTO references an “application fee for moral character issues” on their practitioner page.)

2) Apply to the USPTO to sit for the Patent Bar (OED application)

You submit the Application for Registration to Practice before the USPTO (PTO-158) and supporting documents (most importantly, official transcripts that prove your technical qualification). USPTO OED FAQs emphasize submitting transcripts that support the GRB qualification path you’re using.

Fees (current USPTO amounts shown on the USPTO fee schedule)

As of Jan 1, 2026, the fee schedule lists:

  • Application fee (non-refundable): $118

  • Government “registration examination fee” (commercial test admin): $226
    USPTO also shows a separate Prometric exam administration fee (paid to Prometric) and currently lists it as $221 on its “Becoming a patent practitioner” page.

3) Get your “eligible to test” notice, then schedule with Prometric

Once OED approves you, you can schedule the computer-based exam at Prometric. USPTO states the exam is offered year-round at computer test centers and you choose the date/time.

4) Pass the USPTO Registration Examination (“Patent Bar”)

This is the exam that qualifies you for registration as a patent agent. USPTO’s registration exam page is the official starting point for exam logistics and updates.

5) Complete registration after you pass (become “Registered”)

After passing, you must file the required post-pass items (oath/declaration, data sheet) and pay the registration fee. The current registration fee listed is $226 (“On registration to practice under §11.6”).

6) Know your scope: what a patent agent can and can’t do

  • A registered patent agent can represent others before the USPTO in patent matters (e.g., preparing/prosecuting patent applications).

  • Registration as a patent practitioner does not itself entitle you to practice in trademark matters—USPTO’s rules make clear trademark representation is different.

For more information please visit: https://www.pontiscs.org/uspto-bar-exam-course