USPTO Expands Category A Patent Bar Admission Criteria to Include Biomedical Science Degree

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice Tuesday announcing administrative updates to the General Requirements Bulletin (GRB). The GRB outlines the scientific and technical qualifications required for admission to the registration examination to practice in patent matters before the Office. The update moves one Category B degree, Biomedical Science, into Category A, broadening the pool of degrees that automatically qualify an applicant to sit for the patent bar exam.

Under 35 U.S.C. Section 2(b)(2)(D), the USPTO Director holds statutory authority to require prospective practitioners to demonstrate they possess the “necessary qualifications to render applicants or other persons valuable service.” The GRB divides qualifying degrees into three categories. Category A covers specified bachelor’s, master’s, and doctor of philosophy degrees that automatically satisfy the scientific and technical requirement. Category B covers other degrees with technical and scientific training that require additional documentation. Category C applies to individuals relying on practical engineering or scientific experience, generally demonstrated by passing the Fundamentals of Engineering test.

The USPTO has periodically reevaluated which Category B degrees warrant reclassification into Category A. In September 2021, following a prior review of Category B applications, the Office added 14 degrees to Category A. The 2021 update followed a Request for Comments the USPTO issued in March 2021, and the Office reported receiving 32 comments largely supporting the proposed changes before moving forward with implementation. In 2022, the Office sought public comments on formalizing that review into a routine three-year cycle, and in May 2023 it implemented the proposal, committing to reassess Category B degrees on that schedule beginning from the date of the 2023 notice.

Since the three-year period identified in the May 2023 notice has elapsed, the USPTO reviewed applicant data from those who sat for the registration exam under Category B during that period. Based on that review, the Office is moving Biomedical Science into Category A. The USPTO stated that “listing this Category B degree under Category A will improve operational efficiency, streamline the application process for prospective patent practitioners, and encourage broader participation of prospective patent practitioners.”

The review process is based on applicant data from those applying for the registration exam along with publicly available information about degree categories. The notice reiterated that Category A remains a nonexhaustive list, since the Office also accepts degrees when the accompanying transcript demonstrates equivalence to a listed Category A subject, such as when a molecular cell biology degree is treated as equivalent to a biology degree. A determination of equivalency does not mean two degrees are identical, but rather that they present the same or similar scientific and technical rigor necessary to render patent applicants valuable service, a standard referenced in Premysler v. Lehman.

Moreover, the USPTO addressed why it did not add degrees in Artificial Intelligence (AI) to Category A at this time. According to the notice, “there has only been one applicant with an Applied AI degree” over the past three calendar years, with no applicants holding a standalone AI degree during that period. The notice explained that the degree category of AI is not currently awarded by most institutions and that AI degree programs being implemented at universities vary in curriculum scope and complexity, with some programs including a number of nontechnical courses.

The USPTO stated it will continue to monitor, collect, and analyze data on AI degrees, and indicated that if it determines an AI degree is equivalent to a Bachelor of Science in Computer Science degree, that degree may then be considered for inclusion under Category A.

The updated GRB incorporating the Biomedical Science reclassification became effective upon publication of the notice on August 11, 2026. The Office noted that the notice provides clarity to the public and does not have the force and effect of law, since the specific scientific and technical criteria for admission to practice are not set forth in 37 CFR Section 11.7 itself.

Image Source: Deposit Photos
Image ID:72585265
Copyright:tashatuvango