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

What Is on the Patent Bar Exam?

The 2026 USPTO Patent Bar Exam tests 100 multiple-choice questions drawn from the Manual of Patent Examining Procedure (MPEP Ninth Edition, Rev. 01.2024), Title 35 of the U.S. Code (35 U.S.C.), and Title 37 of the Code of Federal Regulations (37 CFR), with ~75% of the exam concentrated in MPEP Chapters 2100, 700, 200, 600, 1800, and 1200.

Key 2026 Takeaways at a Glance

✓ Substantive Patentability (MPEP 2100: 101, 102, 103, 112) is the single largest topic (~20–24 questions).
✓ Prosecution & Office Action Procedure (MPEP 700, 600, 200) accounts for ~35–42 questions.
✓ PCT International Applications (MPEP 1800), Appeals (MPEP 1200), Restriction (MPEP 800), Reissue (MPEP 1400), Duty of Disclosure (MPEP 2000), and Reexamination (MPEP 2200) make up the bulk of the remaining ~35 questions.

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Complete Topic Weight Table by MPEP Chapter (2026)

Use this table to allocate your study hours proportionally to how frequently each chapter appears on the exam:

MPEP Chapter	Topic Title	Questions per 100-Q Exam	Target Practice Hub
MPEP 2100	Patentability (35 U.S.C. 101, 102, 103, 112)	20 – 24 Qs	Practice Topic →
MPEP 700	Examination of Applications (Replies, Finality, RCE, Affidavits)	15 – 18 Qs	Practice Topic →
MPEP 200	Types of Applications, Continuations & Foreign/Domestic Priority	10 – 13 Qs	Practice Topic →
MPEP 600	Parts, Form & Content of Application (Oath, ADS, Drawings, IDS)	9 – 12 Qs	Practice Topic →
MPEP 1800	Patent Cooperation Treaty (PCT) & National Stage (35 U.S.C. 371)	8 – 10 Qs	Practice Topic →
MPEP 800	Restriction in Applications & Double Patenting	6 – 8 Qs	Practice Topic →
MPEP 1200	Ex Parte Appeals to the PTAB	6 – 8 Qs	Practice Topic →
MPEP 2200 + 2800	Ex Parte Reexamination & Supplemental Examination	4 – 6 Qs	Practice Topic →
MPEP 2000	Duty of Disclosure (37 CFR 1.56)	4 – 5 Qs	Practice Topic →
MPEP 1400	Correction of Patents & Reissue (35 U.S.C. 251)	3 – 5 Qs	Practice Topic →
MPEP 300, 400, 500, 1500, 1600	Ownership/Assignment, Representation, Filing/Mail, Design & Plant Patents	5 – 8 Qs	Practice Topic →

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

Does the Patent Bar test Inter Partes Review (IPR) and Post-Grant Review (PGR)?

Yes, at a foundational statutory level (35 U.S.C. 311–329 and 37 CFR Part 42): you should know the filing windows (9 months post-grant for PGR; after 9 months or PGR termination for IPR), the threshold standards ("more likely than not" for PGR vs. "reasonable likelihood" for IPR), and what grounds can be raised in each.

Does the Patent Bar test Design Patents (MPEP 1500) and Plant Patents (MPEP 1600)?

Expect 2 to 3 questions on Design Patents (15-year term from grant, 6-month foreign priority, no RCE allowed, CPA allowed, single claim only, dashed broken lines for environment) and 1 question on Plant Patents (asexually reproduced plants, excluding tuber-propagated plants and plants found in an uncultivated state).