Monday, May 4, 2009

Preparing for the USPTO exam

I passed the patent bar! I've put together some tips for taking the exam specifically geared towards people (like me) who knew nothing about patents. As I mentioned earlier, the patent bar is a 6 hour, 100 question test based on the material in the Manual of Patent Examination and Procedure (MPEP). You're allowed to access the MPEP during the exam, but it is a huge document (thousands of pages). The more of the information you have memorized, the better. Passing the exam is necessary to become a patent agent - one who can file applications with the USPTO.

-Take a review course. I don't normally take review courses. For the SAT and the GRE, the most I did to prepare was take a couple of practice tests. But patent law is different. They are testing your knowledge of a very specific set of laws, and your ability to apply that knowledge. So, not only do you have to know as much of the MPEP as possible, but you need to be able to apply that knowledge. I took the PRG course. It consisted of a four volume text on patent examination, 40 hours of video lecture, sheets of notes to go along with the video lecture, and simulated exam software. I really liked this course because I felt that it gave me an in depth knowledge of the patent system. I've heard that other courses focus on giving you information to memorize. I'm sure that works well for some people, but I'm terrible at memorizing things and information has to have a context before I will remember it. The downside to the PRG course is that it's the most expensive one out there, at $3500. And supposedly the DVDs and software stop working after a year, so it doesn't have much resale value. 

-Take as many practice exams as possible. This is the thing that was most important in my preparation. After I had finished going through the course material, I kept scoring in the 60s or low 70s on practice tests. I was very concerned, as I felt I had absorbed as much information as my brain could hold and 70% is needed to pass. But after taking a few more practice tests, my score reproducibly shot up into the high 80s/90s. There was some sort of transformation and the questions suddenly made much more sense.

-Get  exposure to intellectual property and patent law. I did a couple of things to help familiarize myself with intellectual property issues. I went to events on intellectual property issues and careers. These included a panel on licensing IP by WEST and a panel on IP careers by the Harvard Biotech Club. In addition to increasing my understanding of IP, these events were also valuable networking opportunities. I also started reading patent law blogs, such as patentlyo.com, which often have in depth discussions of current issues in patent law. 

So, that's my advice in a nutshell. Practice makes perfect, especially when it comes to the USPTO exam. 

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