The United States Patent and Trademark Office (USPTO) recently issued a Federal Register notice announcing administrative amendments to the General Requirements Bulletin (GRB). The bulletin outlines the scientific and technical qualifications necessary to qualify for the registration examination and, consequently, to be eligible to practice before the Office in patent matters. This amendment reclassifies biomedical science degrees from Category B to Category A, expanding the range of degrees that directly satisfy the scientific and technical qualification requirements for the patent practitioner registration examination.

Under 35 U.S.C. § 2(b)(2)(D), the USPTO Director has the statutory authority to require individuals seeking to practice to show that they possess the "necessary qualifications to render applicants or other persons valuable service." The GRB divides qualifying degrees into three categories. Category A contains designated bachelor's, master's, and doctor of philosophy degrees, the possession of which automatically satisfies the scientific and technical qualification requirements. Category B covers other degrees with technical and scientific training backgrounds, but requires the submission of additional supporting documentation. Category C applies to individuals who rely on engineering or scientific practical experience to apply for qualification, usually supported by passing the Fundamentals of Engineering examination.

The USPTO periodically re-evaluates which Category B degrees should be reclassified into Category A. In September 2021, following a preliminary review of Category B applications, the Office added 14 degrees to Category A. The 2021 update stemmed from a request for comments issued by the USPTO in March 2021; the Office stated that it received 32 comments before formally implementing the adjustments, with the vast majority of comments supporting the proposed changes. In 2022, the Office solicited public input on formally incorporating this review into a regular three-year cycle and implemented the proposal in May 2023, committing to re-evaluate Category B degrees according to this schedule starting from the date of the May 2023 notice.

The three-year cycle established in the May 2023 notice has now expired, and the USPTO reviewed applicant data for those who took the registration examination under Category B during this period. Based on the conclusions of this review, the Office decided to reclassify "biomedical science" into Category A. The USPTO stated: "Including this former Category B degree in the Category A list can improve operational efficiency, streamline the application process for prospective patent practitioners, and attract more individuals interested in patent practice to take the exam."

This review was conducted based on registration examination applicant data and publicly available information for various degrees. The notice reiterated that the Category A list is non-exhaustive; if an applicant simultaneously submits transcripts demonstrating that their degree is equivalent to a listed Category A discipline, the relevant degree will likewise be recognized, such as a degree in molecular and cellular biology being determined equivalent to a biology degree. A determination of degree equivalency does not mean the two degrees are completely identical, but rather that they possess equal or comparable scientific and technical rigor sufficient to meet the standards required to provide professional services to patent applicants, a standard cited in In re Premysler v. Lehman.

In addition, the USPTO explained the reasons for temporarily not including artificial intelligence-related degrees in Category A at this stage. The notice pointed out: "Over the past three calendar years, only one applicant held an applied artificial intelligence degree, and no applicant obtained a standalone artificial intelligence degree during the same period." The notice explained that currently, most institutions do not award standalone degrees in artificial intelligence; artificial intelligence degree programs offered by various universities vary widely in course coverage and rigor, with some programs containing a significant amount of non-technical coursework.

The USPTO stated it will continue to track, collect, and analyze data regarding artificial intelligence degrees, while explaining that if a particular artificial intelligence degree is subsequently determined to be equivalent to a Bachelor of Science in Computer Science, consideration will be given to including that degree in the Category A list.

The updated GRB incorporating biomedical science took effect on August 11, 2026, the date of publication of the notice. The Office noted that the notice is intended to clarify rules for the public but does not itself carry force of law, as the specific scientific and technical standards required to qualify for practice are not directly prescribed in the text of 37 C.F.R. § 11.7.