Patent Bar Authority Guide ✓ Verified for MPEP Ninth Edition, Rev. 01.2024 (Nov 2024) Updated for 2026 Exam Window

Patent Bar Exam Study Guide (Free)

Q: Which MPEP chapters are NEVER or rarely tested on the Patent Bar?

Chapters like MPEP 100 (Secrecy/National Security), 900 (Prior Art Classification), 1100 (Statutory Invention Registrations), 1300 (Allowance Mechanics), and 1900 (Protest) each account for less than 1% of the exam. Focus on 2100, 700, 200, 600, 1800, and 1200 first.

Q: How should I use this study guide with the practice questions?

After reviewing each pillar above, click directly into the corresponding topic practice page (e.g., 35 U.S.C. 102 Novelty or MPEP 700 Examination) and complete 15–20 practice questions while clicking the MPEP citation links.

This free 2026 Patent Bar Exam study guide breaks down the exact statutes (35 U.S.C.), federal regulations (37 CFR), and MPEP Ninth Edition, Rev. 01.2024 sections that generate 90% of questions on the USPTO Registration Examination.

Key 2026 Takeaways at a Glance

✓ Master the "Big Six" MPEP chapters first: 2100, 700, 200, 600, 1800, and 1200.
✓ Memorize statutory deadlines that cannot be extended (e.g., 12-month provisional pendency, 3-month SNQ decision, 2-year broadening reissue).
✓ Learn the exact lookup anchor words for the Prometric MPEP PDF viewer so you can verify exceptions in under 60 seconds.

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Practice 35 U.S.C. 101 Eligibility Practice Questions (MPEP Rev. 01.2024 Cited)

Practice 35 U.S.C. 101 Eligibility Practice Questions → 50 Free Questions

Pillar 1: MPEP 2100 — Patentability (35 U.S.C. 101, 102, 103, 112)

MPEP Chapter 2100 is the intellectual core of the Patent Bar Exam, contributing 20% to 24% of all questions. You must know the analytical frameworks cold so you do not waste time searching Chapter 2100 during the test.

• 35 U.S.C. 101 (MPEP § 2106): Step 1 (four statutory categories; excludes human organisms and transitory signals), Step 2A Prong One (mathematical concepts, certain methods of organizing human activity, mental processes, laws of nature, natural phenomena), Step 2A Prong Two (integration into a practical application), and Step 2B (significantly more / Berkheimer evidentiary requirement in § 2106.05(d)).
• 35 U.S.C. 102 (MPEP §§ 2131–2159): First check whether the effective filing date is on/after March 16, 2013 (AIA) or before March 16, 2013 (Pre-AIA). Under AIA 102(a)(1), prior art includes public use, on sale, or otherwise available to the public anywhere in the world. Under AIA 102(a)(2), U.S. patents, U.S. patent pubs, and WIPO-published PCTs designating the U.S. are prior art as of their effective filing date (including foreign priority).
• 35 U.S.C. 103 (MPEP §§ 2141–2145): Four Graham inquiries, seven KSR rationales, the two-prong analogous art test (§ 2141.01(a)), and unpersuasive rebuttal arguments (§ 2145: bodily incorporation, attacking references individually).
• 35 U.S.C. 112 (MPEP §§ 2161–2186): 112(a) written description (possession as of filing date), enablement (eight Wands factors), best mode; 112(b) definiteness & antecedent basis; 112(f) means-plus-function & computer algorithm requirement.

Pillar 2: MPEP 700, 600 & 200 — Prosecution & Priority

Chapters 700, 600, and 200 govern day-to-day patent prosecution before the USPTO and account for another 35% to 40% of the exam. These questions revolve around filing dates, priority deadlines, fees, and reply periods.

Rule / Doctrine	MPEP / 37 CFR Citation	Exam Rule to Memorize
Domestic Benefit Window	37 CFR 1.78 / MPEP § 211.03	Must file ADS reference within later of 4 months of actual filing or 16 months of prior filing
Foreign Priority Window	37 CFR 1.55 / MPEP § 214.01	12 months (utility/plant) or 6 months (design); claim within 4/16 months for utility/plant
IDS Timing Tiers	37 CFR 1.97 / MPEP § 609.04(b)	Tier 1: Free (<3 mos or before 1st OA); Tier 2: 1.97(e) OR fee; Tier 3: 1.97(e) AND fee; Tier 4: RCE/QPIDS
RCE Exclusions	37 CFR 1.114(e) / MPEP § 706.07(h)	Never allowed in Design applications, Reissue, Provisional, or Ex Parte Reexamination
Maximum Reply Period	35 U.S.C. 133 / MPEP § 710.01	6 months statutory maximum; revival after abandonment requires unintentional delay petition (1.137)

Pillar 3: MPEP 1800, 1200, 800, 1400, 2000 & 2200

The remaining 35% of the exam tests specialized proceedings. Master the high-contrast distinctions between similar procedures:

• MPEP 1800 (PCT): At least one applicant must be a U.S. resident or national to file in RO/US; ISR is due at the later of 3 months from search copy receipt or 9 months from priority; Article 19 amends claims only (filed with IB), while Article 34 amends claims, spec, and drawings (filed with IPEA).
• MPEP 1200 (PTAB Appeals): Notice of Appeal requires claims to be twice rejected or final; Appeal Brief due 2 months after Notice of Appeal; Pre-Appeal Brief Request (max 5 pages) filed with Notice of Appeal.
• MPEP 800 (Restriction & Double Patenting): Restriction is petitionable (37 CFR 1.144), not appealable; statutory 101 double patenting cannot be overcome by a terminal disclaimer.
• MPEP 1400 (Reissue) vs. MPEP 2200 (Ex Parte Reexamination): Broadening reissue allowed within 2 years of grant (subject to recapture doctrine); ex parte reexamination never permits broadening and is limited to patents and printed publications.

How This Topic Fits Into the 2026 USPTO Registration Examination Blueprint

Every question on the USPTO Patent Bar Exam traces directly back to three primary legal authorities loaded onto Prometric testing workstations: Title 35 of the United States Code (35 U.S.C. 101 Subject Matter Eligibility, 35 U.S.C. 102 Novelty & Prior Art, 35 U.S.C. 103 Obviousness, and 35 U.S.C. 112 Specification & Claims), Title 37 of the Code of Federal Regulations (37 CFR Parts 1, 11, 41, and 42), and the Manual of Patent Examining Procedure (MPEP Ninth Edition, Rev. 01.2024).

Prometric Exam Day Execution Checklist

During each 3-hour, 50-question Prometric session, you have exactly 3.6 minutes (216 seconds) per question. High-scoring candidates answer 35 to 40 questions on their first pass using memorized rules from MPEP 700, MPEP 200, MPEP 600, and MPEP 1800, and reserve the final 50–60 minutes to look up marked edge-case exceptions in the on-screen MPEP PDF viewer.

AIA vs. Pre-AIA & Deadline Verification Protocol

Before selecting an option on any Patent Bar question, run a three-point check: (1) check the effective filing date against the March 16, 2013 AIA transition date, (2) verify whether the deadline is extendable under 37 CFR 1.136(a) or non-extendable by statute (such as the 12-month provisional period, 6-month maximum reply cap, or 2-year broadening reissue rule in MPEP 1400), and (3) check whether the proceeding is before the examiner, the PTAB (MPEP 1200), or Ex Parte Reexamination (MPEP 2200).

To turn passive reading into a passing 70%+ score (63 out of 90 scored questions), pair this guide with active question drills in our Free 50-Question Practice Hub, review worked hypotheticals on our Example Questions page, and benchmark your lookup speed in the Timed Patent Bar Mock Exam Simulator.

Frequently Asked Questions

Which MPEP chapters are NEVER or rarely tested on the Patent Bar?