Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

We are looking for moderators.  Message the admin if interested.

Author Topic: Reapplying to take the patent bar  (Read 958 times)

nevergiveup

  • Newbie
  • *
  • Posts: 4
    • View Profile
Reapplying to take the patent bar
« on: 01-31-18 at 03:50 pm »

Hello folks,
I took the patent bar last month for the first time and failed by just a hair.
I am planning to take it again soon.
I know I need to fill out the the 158 application form and send it to the USPTO again with the rquired fees. My question is: Do I also need to resend my official transcripts again to the PTO ? (they already have these from the last time when I send them my completed 158 application, so do I need to resend them again).
Your inputs would be much appreciated.
Best
nevergiveup
Logged

smgsmc

  • Lead Member
  • *****
  • Posts: 2477
    • View Profile
Re: Reapplying to take the patent bar
« Reply #1 on: 01-31-18 at 06:13 pm »

If you reapply within one year of your first application, you do not need to send them the transcripts again.  You do need to send them money again. :-)
Logged

nevergiveup

  • Newbie
  • *
  • Posts: 4
    • View Profile
Re: Reapplying to take the patent bar
« Reply #2 on: 01-31-18 at 06:32 pm »

Thank you for your reply smgsmc,
Your reply is much appreciated. Where can I verify the information that you have provided i.e. "if you reapply within one year of the first application, you do not need to send them the transcripts again". Is it mentioned somewhere by the PTO or is it based on either direct or indirect personal experience (self or friends) ?
Thank you
nevergiveup
Logged

smgsmc

  • Lead Member
  • *****
  • Posts: 2477
    • View Profile
Re: Reapplying to take the patent bar
« Reply #3 on: 01-31-18 at 08:02 pm »

Thank you for your reply smgsmc,
Your reply is much appreciated. Where can I verify the information that you have provided i.e. "if you reapply within one year of the first application, you do not need to send them the transcripts again". Is it mentioned somewhere by the PTO or is it based on either direct or indirect personal experience (self or friends) ?
Thank you
nevergiveup
It was based on personal experience.  I called OED, and that's what they told me.  I think at one time the General Requirements Bulletin (GRB) for the exam had a section on it.  I just checked the latest version, and the section under "Reapplication" is now vague.  So I would recommend that you call the OED to verify whether the policy has changed or not.
« Last Edit: 02-01-18 at 08:01 am by smgsmc »
Logged

abc123

  • Senior Member
  • ****
  • Posts: 126
    • View Profile
Re: Reapplying to take the patent bar
« Reply #4 on: 02-01-18 at 01:32 am »

My information is old, but you used to be able to request a regrade, for what I think was a high fee, and if they had decided to throw out questions, because they were challenged for being wrong or vague, then people who were close might end up passing. I remember the number of questions that were thrown out on one occasion was fairly high, but in most cases probably not.

To be honest, I am not even sure if you can still do it, or what the procedure is, or whether you have to actually challenge the questions yourself.
Logged

smgsmc

  • Lead Member
  • *****
  • Posts: 2477
    • View Profile
Re: Reapplying to take the patent bar
« Reply #5 on: 02-01-18 at 07:50 am »

My information is old, but you used to be able to request a regrade, for what I think was a high fee, and if they had decided to throw out questions, because they were challenged for being wrong or vague, then people who were close might end up passing. I remember the number of questions that were thrown out on one occasion was fairly high, but in most cases probably not.

To be honest, I am not even sure if you can still do it, or what the procedure is, or whether you have to actually challenge the questions yourself.
Fairly sure (not 100%) that practice stopped after the last twice-a-year paper exam at the USPTO ... and that was in Oct 2003.  Computerized exam started July 2004.  There have been instances in which test takers claimed they failed because of problems with the test facilities, but the most you'll get (if justified) is waiver of the fees for a re-take.  That's the big difference, previously the test was offerred only twice a year, and you had to take it in person at the USPTO; so a re-take was not very viable.  But with the computer test offerred daily at your local test center, a re-take is viable.
Logged

nevergiveup

  • Newbie
  • *
  • Posts: 4
    • View Profile
Re: Reapplying to take the patent bar
« Reply #6 on: 02-01-18 at 11:15 am »

Thank you for your reply smgsmc,
Your reply is much appreciated. Where can I verify the information that you have provided i.e. "if you reapply within one year of the first application, you do not need to send them the transcripts again". Is it mentioned somewhere by the PTO or is it based on either direct or indirect personal experience (self or friends) ?
Thank you
nevergiveup
It was based on personal experience.  I called OED, and that's what they told me.  I think at one time the General Requirements Bulletin (GRB) for the exam had a section on it.  I just checked the latest version, and the section under "Reapplication" is now vague.  So I would recommend that you call the OED to verify whether the policy has changed or not.

Thank you again smgsmc,
Calling the OED to confirm the information is certainly good advise and I will do just that.
Thanks again for taking the time and making the effort to point me in the right direction. I truly appreciate it.
Best
nevergiveup
Logged

nevergiveup

  • Newbie
  • *
  • Posts: 4
    • View Profile
Re: Reapplying to take the patent bar
« Reply #7 on: 02-01-18 at 02:14 pm »

If you reapply within one year of your first application, you do not need to send them the transcripts again.  You do need to send them money again. :-)

Hi smgsmc,
Your information is correct. I called up the USPTO and they said that they keep transcripts for 2 years (not one but two years) and hence I don't need to send the transcripts to them again. The fees, on the other hand, has to be send again :-)
Thank you
nevergiveup
Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.088 seconds with 20 queries.