Most Tested Patent Bar Topics

Related Guide: Complete Patent Bar Study Plan Guide

Key Takeaways

• 15-20 high-yield topics account for approximately 70% of all patent bar exam questions
• Chapters 700 (Examination) and 2100 (Patentability) alone comprise 40-45% of most exams
• Continuation practice, office action responses, and patentability rejections appear on every exam multiple times
• Strategic topic prioritization reduces study time by 30-40% while maintaining pass rates
• Understanding topic frequency patterns helps you allocate study hours efficiently
• Some MPEP chapters appear rarely or never on exams and deserve minimal study attention
• Mastering Tier 1 topics before moving to Tier 2 creates a stronger foundation for exam success
• Recent USPTO policy changes temporarily increase certain topic frequencies on exams

Why Topic Prioritization Matters for Patent Bar Success

The Manual of Patent Examining Procedure contains over 3,000 pages covering hundreds of distinct topics. Attempting to study everything with equal depth is inefficient and unnecessary. Analysis of actual patent bar exams reveals a clear pattern: a relatively small number of topics appear repeatedly, while many topics rarely or never appear on the exam.

This distribution creates a strategic opportunity. By identifying high-frequency topics and prioritizing your study time accordingly, you can prepare for 70-80% of exam questions while studying only 25-30% of the MPEP content. The remaining questions test peripheral topics that, while worth some attention, don’t justify extensive study time given their low appearance rates.

Consider two hypothetical candidates. Candidate A studies the MPEP linearly, spending equal time on every chapter and section. After 200 hours of study, they have superficial knowledge of everything but deep understanding of nothing. Candidate B identifies the 20 highest-yield topics, masters those completely in 120 hours, then spends 80 hours developing working familiarity with secondary topics. On exam day, Candidate B encounters mostly familiar material and passes comfortably, while Candidate A struggles with deep questions about topics they only reviewed briefly.

This guide identifies the specific topics that appear most frequently on patent bar exams and provides a prioritization framework for efficient study. By focusing your limited time on what actually gets tested, you maximize your probability of passing while minimizing unnecessary study burden.

Understanding Topic Frequency Tiers

Patent bar topics fall into distinct frequency tiers based on how often they appear on exams. Understanding these tiers helps you allocate study time proportionally to exam impact.

Tier 1: Core Topics (35-40% of Exam)

These topics appear on virtually every exam, often in multiple questions. You should achieve deep understanding and be able to answer complex questions about these areas. Tier 1 topics deserve 50-60% of your total study time.

Tier 2: Important Secondary Topics (25-30% of Exam)

These topics appear regularly but less frequently than Tier 1 topics. You need solid working knowledge and the ability to navigate the MPEP efficiently when questions arise. Tier 2 topics deserve 25-30% of your study time.

Tier 3: Occasional Topics (15-20% of Exam)

These topics appear sporadically, maybe 1-3 questions per exam. You need basic familiarity and knowledge of where to find information in the MPEP, but deep study isn’t justified. Tier 3 topics deserve 10-15% of your study time.

Tier 4: Rare Topics (5-10% of Exam)

These topics appear infrequently or never. Don’t study them systematically during initial preparation. If time permits after mastering Tiers 1-3, brief review is sufficient. Tier 4 topics deserve 5% or less of your study time.

Tier 1: Core High-Yield Topics

Master these topics completely. You should understand the underlying concepts, know the key MPEP sections, recognize common question patterns, and be able to answer complex multi-part questions. These topics form the foundation of patent bar success.

Patentability Requirements Under 35 USC 101, 102, 103, 112 (MPEP 2100)

Patentability questions appear on every exam, typically accounting for 12-18 questions. This broad category includes several distinct subtopics, each requiring focused study.

Patent-Eligible Subject Matter (35 USC 101, MPEP 2106): Questions test your understanding of what types of inventions can be patented. Abstract ideas, laws of nature, and natural phenomena are not patent-eligible, but practical applications of these concepts may be. Recent case law has made this area more complex, and exam questions often present borderline scenarios requiring careful analysis. You need to understand both the basic exclusions and the judicially created exceptions.

Novelty (35 USC 102, MPEP 2131-2138): Anticipation rejections appear frequently. Questions test whether prior art discloses every element of a claimed invention. You need to understand what counts as prior art, how to evaluate anticipation, enabling disclosure requirements, and inherency. Common question patterns involve determining whether a prior art reference discloses all claim limitations, whether multiple references can be combined for anticipation, and whether inherent characteristics count as disclosed.

Non-Obviousness (35 USC 103, MPEP 2141-2145): Obviousness questions are among the most common and complex on the exam. You need to understand the Graham factors, what constitutes a prima facie case of obviousness, how to evaluate whether references can be combined, the role of secondary considerations, and proper response strategies. Questions often present multiple prior art references and ask whether the combination renders claims obvious.

Written Description (35 USC 112(a), MPEP 2163): These questions test whether the original disclosure adequately describes the claimed invention. Common scenarios involve determining whether claim amendments are supported by the original specification, whether generic claim language is supported by specific examples, and whether claims to a genus are supported when only species are disclosed.

Enablement (35 USC 112(a), MPEP 2164): Enablement questions test whether the specification teaches a person of ordinary skill in the art how to make and use the invention without undue experimentation. You need to understand the Wands factors, what constitutes undue experimentation, how broad claims affect enablement analysis, and proper responses to enablement rejections. Questions often involve scenarios where the claim scope exceeds what’s exemplified in the specification.

Office Actions and Responses (MPEP 704-716)

Office action practice generates 10-15 questions on most exams. This includes procedural requirements for responses, amendment procedures, and consequences of improper responses.

Response Requirements (MPEP 714): Questions test what makes a response complete and responsive. You need to understand response timing, extension of time procedures, what must be addressed to make a response complete, and consequences of incomplete responses. Common patterns involve determining whether a proposed response is complete, whether it’s timely, and what happens if it’s deficient.

Amendments (MPEP 714.01-714.26): Amendment procedure questions appear frequently. You need to understand proper amendment format, new matter prohibitions, claim amendment requirements, and restrictions on when amendments can be entered. Questions often present proposed amendments and ask whether they’re proper, whether they introduce new matter, or whether they can be entered at the current prosecution stage.

After Final Practice (MPEP 714.12-714.13): Questions about post-final amendments and responses appear regularly. You need to understand what amendments can be entered after final rejection, when continuation applications are necessary, and options available after final rejection. This connects to continuation practice, creating compound questions that test multiple concepts.

Continuation, Divisional, and CIP Applications (MPEP 201.06-201.11)

Continuation practice questions appear on every exam, typically 8-12 questions testing your understanding of related application types and proper filing procedures.

Continuation Applications (MPEP 201.06): You need to understand what continuations are, when they’re appropriate, copendency requirements, priority claims, and their relationship to parent applications. Questions test proper filing procedures, what claims can be included, and how continuation filing affects prosecution strategy.

Divisional Applications (MPEP 201.07): These questions connect to restriction practice. You need to understand when divisionals are appropriate, how they differ from continuations, what claims can be included, and how restriction affects divisional practice. Common patterns involve determining whether a divisional is proper after a restriction requirement or final rejection.

Continuation-in-Part Applications (MPEP 201.08): CIP questions test your understanding of when additional matter can be added, how priority works for claims supported and not supported by the parent, and proper filing procedures. You need to distinguish CIPs from continuations and understand the priority implications of adding new matter.

Provisional Applications (MPEP 201.04): Questions about provisional applications focus on filing requirements, what must be included, how to claim priority to provisionals, and the one-year filing deadline. You need to understand what provisional applications can and cannot do, and how they fit into overall prosecution strategy.

Restriction Requirements (MPEP 802-821)

Restriction questions appear on most exams, typically 5-8 questions testing your understanding of when restriction is proper and how to respond.

When Restriction Is Proper (MPEP 802-806): You need to understand the concepts of independent and distinct inventions, serious burden, and when examiners can properly require restriction. Questions often present invention groups and ask whether restriction is proper, requiring you to evaluate distinctness and burden.

Responding to Restriction (MPEP 818): Questions test proper response procedures, what happens to elected and non-elected inventions, traversal requirements, and consequences of election. You need to understand how election affects continuing applications and what claims can be pursued in divisional applications.

Effects of Restriction (MPEP 821): These questions test what happens after restriction, including prosecution of non-elected inventions, rejoinder of non-elected inventions, and how restriction affects patent term adjustment. Understanding the downstream effects of restriction helps answer complex questions involving multiple procedural steps.

Claim Analysis and Interpretation (MPEP 2111-2116, 2173)

Claim-related questions appear frequently, testing your understanding of claim format, interpretation principles, and how claims are evaluated during examination.

Claim Format and Requirements (MPEP 608.01(m)): Questions test proper claim structure, including preambles, transitional phrases, claim bodies, and dependent claim requirements. You need to understand formal claim requirements and what makes a claim indefinite or improper.

Claim Interpretation (MPEP 2111): These questions test how claims are interpreted during examination using the broadest reasonable interpretation standard. You need to understand this standard, how it differs from district court claim construction, and how specification language affects claim scope.

Tier 2: Important Secondary Topics

Develop solid working knowledge of these topics. You should understand the basic concepts and be able to find detailed information in the MPEP quickly when needed.

Priority and Benefit Claims (MPEP 213-216)

Questions about priority claims appear regularly, testing understanding of domestic priority under 35 USC 119(e) and 120, foreign priority under 35 USC 119(a)-(d), and PCT applications. You need to understand filing deadlines, what must be included in priority claims, and how priority affects patentability analysis. Common patterns involve calculating priority dates, determining what claims are entitled to priority, and understanding the requirements for claiming priority to foreign applications.

Appeal Procedures (MPEP 1200-1216)

Appeal questions test basic appellate procedure before the Patent Trial and Appeal Board. You need to understand when appeals are appropriate, what must be included in a notice of appeal and appeal brief, examiner’s answer requirements, and reply brief options. Questions typically test procedural requirements rather than substantive appellate arguments. Understanding appeal timing and what makes an appeal properly filed is more important than knowing detailed argument strategies.

Double Patenting (MPEP 804)

Double patenting questions appear on most exams, testing both statutory (35 USC 101) and non-statutory (judicially created obviousness-type) double patenting. You need to understand the difference between these types, when terminal disclaimers are required, and how double patenting affects related applications. Common patterns involve determining whether claims in related applications create double patenting issues and whether a terminal disclaimer resolves the problem.

Interviews and Examiner’s Amendments (MPEP 713, 1302.04)

Questions about examiner interviews and examiner’s amendments test proper procedures for these alternative prosecution paths. You need to understand when interviews are appropriate, what can be accomplished in interviews, interview summary requirements, and when examiner’s amendments are proper. These questions often involve determining whether proposed procedures are proper or whether standard written responses are required.

Secrecy Orders and Foreign Filing (MPEP 140, 150)

These questions test understanding of national security restrictions on patent applications and requirements for foreign filing licenses. While not extremely frequent, they appear regularly enough to warrant study. You need to understand when secrecy orders apply, what restrictions they impose, when foreign filing licenses are required, and penalties for violations. Questions typically present scenarios involving foreign filing and ask about proper procedures.

Reexamination and Post-Grant Proceedings (MPEP 2200-2300)

Questions about ex parte reexamination and inter partes reexamination test basic understanding of these proceedings, including who can request them, what grounds are available, and basic procedural requirements. You need to understand the distinction between ex parte and inter partes proceedings, substantial new question of patentability requirements, and how these proceedings differ from initial examination. Post-grant review questions focus on timing, eligibility, and basic procedural differences from reexamination.

Tier 3: Occasional Topics

Develop basic familiarity with these topics and know where to find information in the MPEP. Don’t invest extensive study time unless you’ve mastered Tiers 1 and 2.

Assignments and Ownership (MPEP 301-325)

Occasional questions test inventorship determination, ownership rights, and assignment procedures. You need basic understanding of who can be an inventor, how ownership is determined, and proper assignment procedures. Questions typically involve straightforward scenarios about inventorship or assignment validity.

Design Patents (MPEP 1500-1509)

Design patent questions appear sporadically, testing differences between design and utility patents in terms of claim format, examination procedures, and filing requirements. You need basic familiarity with design patent basics but don’t need deep expertise unless your practice will focus on designs.

Plant Patents (MPEP 1600-1615)

Plant patent questions are rare but appear occasionally. Basic understanding of plant patent requirements, what can be patented, and key procedural differences from utility patents is sufficient. Don’t invest significant time unless you’ve thoroughly mastered higher-priority topics.

Reissue Applications (MPEP 1400-1490)

Reissue questions test understanding of when reissue is appropriate, broadening versus narrowing reissue, time limits, and error requirements. You need to understand basic reissue concepts but detailed knowledge of complex reissue scenarios isn’t usually necessary for exam success.

Patent Term and Extensions (MPEP 2700-2765)

Questions about patent term calculation, patent term adjustment, and patent term extension appear occasionally. Basic understanding of the 20-year term, factors affecting term calculation, and when adjustments or extensions are available is sufficient for most exam questions.

Tier 4: Rare Topics

These topics rarely appear on exams. Don’t study them systematically during initial preparation. If they appear, use your MPEP navigation skills to find answers.

 

Creating Your Personal Priority Study Plan

Understanding topic frequency helps you build an efficient study plan, but implementation requires systematic execution.

Week 1-3: Master Tier 1 Core Topics

Begin with deep study of Tier 1 topics. For each topic, read the relevant MPEP sections carefully, work through 20-30 practice questions specific to that topic, and create brief notes summarizing key concepts and common question patterns. Don’t move to Tier 2 until you can consistently answer Tier 1 questions correctly.

Allocate study time proportionally: spend more time on patentability and office actions (which account for more questions) than on restriction or claim analysis (which appear less frequently within Tier 1). After completing Tier 1 study, you should be prepared for approximately 40% of the exam.

Week 4-6: Develop Tier 2 Working Knowledge

Once Tier 1 topics feel solid, move to Tier 2. For these topics, focus on understanding concepts and developing efficient MPEP navigation rather than memorization. Work through 10-15 practice questions per topic to identify common patterns and ensure you can find and apply relevant MPEP sections quickly.

Integrate Tier 2 study with continued Tier 1 reinforcement. Spend 60-70% of study time on Tier 2 topics and 30-40% reviewing Tier 1 topics through practice questions. After completing Tier 2 study, you should be prepared for approximately 65-70% of the exam.

Week 7-8: Survey Tier 3 and Polish Tier 1-2

In final weeks, briefly review Tier 3 topics to develop basic familiarity, but dedicate most time to practice exams and reinforcing Tier 1-2 knowledge. Tier 3 topics deserve one or two study sessions each, just enough to understand basics and know where information lives in the MPEP.

Focus primarily on full-length practice exams that expose you to mixed question types across all topics. Use these exams to identify remaining weak areas and target final study efforts accordingly. By exam day, Tier 1 topics should feel automatic, Tier 2 topics should feel comfortable, and Tier 3 topics should be at least recognizable.

Adapting Priorities Based on Your Background

Topic priorities can shift slightly based on your technical background and prior patent exposure.

For Science and Engineering Backgrounds

If you have strong technical background, you might find patentability concepts more intuitive initially, allowing you to move through MPEP 2100 topics efficiently. This doesn’t mean skipping them, but you might achieve mastery with less time investment, freeing time for procedural topics that might be less familiar.

For Legal Backgrounds

If you have legal training but limited patent experience, procedural topics in Chapters 700 and 200 might feel more familiar, while substantive patentability analysis might require more attention. Adjust your time allocation accordingly, but ensure you still master all Tier 1 topics regardless of initial familiarity.

For Experienced Patent Practitioners

If you have patent prosecution experience, you likely have practical knowledge of many exam topics. However, practical knowledge sometimes differs from MPEP requirements. Focus your study on confirming that your practical understanding aligns with MPEP guidance, paying special attention to less common scenarios that you might not have encountered in practice.

Common Mistakes in Topic Prioritization

Studying Low-Yield Topics Too Early

Many candidates study the MPEP linearly, spending weeks on Chapter 100 (Secrecy) or Chapter 300 (Assignments) before they’ve mastered high-yield topics from Chapters 700 and 2100. This wastes critical early study time when your energy and retention are highest. Always master high-frequency topics before studying peripheral material.

Neglecting Practice Questions

Simply reading about high-yield topics isn’t sufficient. You need to work through practice questions to understand how these topics appear on exams and what specific aspects get tested. Without practice questions, you might study comprehensively but still struggle with how questions are asked and answered.

Over-Preparing on Comfortable Topics

Some candidates spend excessive time on topics they find interesting or comfortable, neglecting difficult topics that also appear frequently. If you have engineering background and love obviousness analysis, you might over-study it while under-preparing on procedural topics like continuation practice. Force yourself to allocate time proportionally to exam frequency, not personal interest.

Ignoring Recent USPTO Policy Changes

The USPTO periodically updates examination policies, and these changes often appear on exams shortly after implementation. Monitor USPTO notices and MPEP updates during your study period. Recent changes to subject matter eligibility guidance, continuation practice, or examination procedures might temporarily increase those topics’ exam frequencies.

Not Adjusting Based on Practice Exam Performance

Your practice exam results reveal your personal weak areas, which might differ from general population patterns. If you consistently miss questions about a Tier 2 topic, it becomes Tier 1 for you personally. Use practice exam data to refine your priorities continuously throughout your study period.

Frequently Asked Questions

Do topic frequencies change significantly between exam administrations?

Core high-yield topics remain consistent across exam administrations. The exact number of questions on continuation practice or patentability might vary between exams, but the general hierarchy of topic importance is stable. Occasional shifts occur when the USPTO implements new policies or when recent court decisions affect patent practice, but these are gradual changes, not sudden overhauls.

Should I skip Tier 3 and 4 topics entirely?

No, but you should study them strategically. After mastering Tiers 1 and 2, spend limited time reviewing Tier 3 topics to develop basic familiarity. You don’t need deep expertise, just enough knowledge to recognize question types and navigate the MPEP efficiently if those questions appear. Tier 4 topics can be skipped during initial study unless time permits after complete mastery of Tiers 1-3.

What if I have limited study time?

If you can only dedicate 100-150 hours to study, focus exclusively on Tier 1 topics plus the most important Tier 2 topics (priority claims, appeals, double patenting). This concentrated approach prepares you for 60-65% of the exam, which is sufficient to pass if you navigate the MPEP efficiently for other questions. Trying to cover everything superficially is less effective than deeply mastering the highest-yield topics.

How do I know if I’ve studied a topic enough?

For Tier 1 topics, you should consistently answer 80%+ of practice questions correctly without extensive MPEP searching. For Tier 2 topics, 70%+ accuracy with efficient MPEP navigation indicates sufficient preparation. For Tier 3 topics, basic recognition and knowing where to find information is sufficient. Use practice question performance as your guide, not total study hours.

Are there topics the exam tests that aren’t in the MPEP?

The exam tests MPEP content, Title 35 USC, and Title 37 CFR. While the MPEP is the primary reference, some questions quote statutory or regulatory language directly. Understanding the relationship between statutes, regulations, and MPEP guidance helps you answer these questions. The MPEP cross-references the relevant statutory and regulatory provisions, so studying the MPEP naturally exposes you to this material.

Should I prioritize memorization or understanding for high-yield topics?

Understanding beats memorization, even for high-yield topics. You need to understand continuation practice conceptually, not memorize MPEP 201.06 word-for-word. Conceptual understanding allows you to answer novel question variations and apply rules to different fact patterns. However, for frequently cited MPEP sections, you’ll naturally develop familiarity that approaches memorization through repeated exposure.

How often does the USPTO update high-yield MPEP sections?

The MPEP is revised periodically, with some sections updated more frequently than others. High-yield sections like MPEP 2106 (eligibility) and sections addressing recent court decisions might be updated annually or more often. Other sections remain stable for years. Always use the most current MPEP version for your study, and check for recent updates to frequently tested sections.

Can I pass by only studying Tier 1 topics?

Theoretically possible but not advisable. Tier 1 topics account for 35-40% of most exams. Even if you answer all those questions correctly and use efficient MPEP navigation for others, you’re cutting it close to the passing threshold. Studying Tier 2 topics (another 25-30% of the exam) provides the cushion most candidates need to pass comfortably. Don’t risk failure by under-preparing.

Do patent bar examiners deliberately test obscure topics?

No, the USPTO designs the exam to test practical knowledge necessary for patent practice. While some questions test less common topics, they’re still relevant to competent patent prosecution. The frequency distribution reflects what patent practitioners encounter in practice. Common procedures get tested more because they’re more important, not because the exam is trying to be easy.

Should I adjust my study plan if I’m taking the exam multiple times?

If you’ve taken the exam previously, your study focus should shift. If you failed due to knowledge gaps in high-yield topics, intensify your Tier 1 study. If you failed due to time management or MPEP navigation issues, focus on practice exams and search skills. Use your previous exam experience to identify specific weak areas rather than restudying everything equally. Most second-time test takers pass by addressing their specific deficiencies, not by comprehensively restudying all material.

Maximizing Your Study Efficiency Through Smart Prioritization

Understanding topic frequencies transforms patent bar study from an overwhelming memorization task into a manageable strategic project. You don’t need to master everything; you need to master the right things. By focusing 75-80% of your study time on the 20 highest-yield topics, you prepare efficiently for the majority of exam questions.

This prioritized approach also builds confidence. As you master Tier 1 topics, you’ll recognize many exam questions immediately and answer them quickly and accurately. This positive momentum carries through the exam, making difficult questions feel manageable rather than overwhelming.

Remember that topic prioritization doesn’t mean ignoring lower-frequency topics entirely. It means allocating your limited time proportionally to exam impact. Master what matters most first, then expand your knowledge systematically based on diminishing returns. This strategic approach is how successful candidates study smarter, not just harder, and pass the patent bar efficiently.

Related Study Resources

• Complete Patent Bar Study Plan Guide – Your hub for all study strategies
• How to Study for the Patent Bar Without Memorizing Everything – Apply strategic understanding to high-yield topics
• Best Way to Use the MPEP During the Patent Bar – Navigate efficiently to find answers on any topic
• Patent Bar Practice Exams: How Many You Need – Test your knowledge across all priority tiers
• 4-Week Patent Bar Study Plan – Intensive schedule focused on high-yield topics