integrity of the test materials. Therefore, the Office has adopted a special procedure for the registration of this type of work. See 37 C.F.R. 202.20(c)(2)(vi); see also National Conference of Bar Examiners v. Multistate Legal Studies, Inc., 692 F.2d 478, 484–87 (7th Cir. 1982) (holding that the Office’s secure test regulation is authorized by the Copyright Act and does not violate Article I, Section 8 of the Constitution).
720.2 Examination of Secure Tests
To register a secure test, the applicant should call the Literary Division at (202) 707-8250 to schedule an in-person interview with a registration specialist. On the scheduled date, the applicant should bring the following items to the Public Information Office:
- A copy of the completed application.
- The filing fee (if it has not been paid).
- The examination fee.
- A copy of the secure test materials that the applicant intends to register.
- Identifying material for the secure test.
Please be advised that the applicant must pass through security before entering the building and that sealed packages or packages that are more than twenty-four inches wide by fifteen inches high are not permitted.
If the secure test is administered with test booklets, the applicant should bring one complete copy of the test. If the secure test is administered on a computer or other electronic device, or if the test is administered with test booklets that contain a selection of questions from an automated database, the applicant may bring one complete copy of the test or a copy containing fifty pages of questions or other contents of the test or database. The selection of pages may include the first twenty-five and last twenty-five pages of the test, or fifty pages taken from anywhere within the test or database.
The registration specialist will review the copy of the secure test materials in the applicant’s presence under strict conditions of security. The applicant may supply the specialist with a printed copy of the test materials. In the alternative, the applicant may supply an electronic copy, provided that the copy has been fixed on a CD-ROM, DVD, or other electronic storage device, and provided that the copy can be viewed on the applicant’s portable computer or other electronic device. In all cases, the content of the secure test materials must be completely visible.
Following the examination, the specialist will return the copy of the secure test materials to the applicant. If the applicant provided the registration specialist with a printed copy, he or she will stamp the copy with the date that the secure test materials were reviewed. If the applicant provided an electronic copy, the specialist will prepare a label specifying the date that the secure test materials were reviewed and apply that label to the CD-ROM, DVD, or other electronic storage device.
