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What is the MPEP?

The Manual of Patent Examining Procedure (MPEP) is the USPTO's official, authoritative guide to the rules and procedures governing patent examination in the United States. It is written for patent examiners but serves as the primary reference for patent practitioners — attorneys, agents, and applicants — navigating U.S. patent prosecution.

The MPEP is not a law itself, but it codifies, explains, and interprets the statutes in Title 35 of the U.S. Code (35 U.S.C.), the regulations in Title 37 of the Code of Federal Regulations (37 C.F.R.), and decades of Federal Circuit and Supreme Court decisions. When an examiner issues a rejection or an applicant files a response, both sides are operating within the framework the MPEP describes.

The current version is the Ninth Edition, Revision 01.2024, updated to incorporate the America Invents Act (AIA) changes, current post-grant proceedings, recent USPTO rule changes, and Federal Circuit decisions. The USPTO publishes revisions periodically; always verify which revision is in effect at the time of your exam.


Format and structure

The MPEP is organized into 29 chapters, numbered in the 100s through 2900s, each covering a distinct area of patent practice. Within each chapter, sections are numbered hierarchically — for example, MPEP § 706.07(a) covers final rejection practice within Chapter 700. The full document exceeds 4,000 pages and includes:

  • Appendix R — Title 37 C.F.R. (Patent Rules)
  • Appendix L — Title 35 U.S.C. (Patent Statutes)
  • Appendix AI — Administrative Instructions Under the PCT
  • Appendix P — Paris Convention
  • Appendix T — PCT Regulations

Reference diagram

THE MPEP

Components of the MPEP

1 Index

Subject Matter Index

29 Chapters

Chapters 100–2900

7 Appendices
R, L, AI, T, P, II & I

Appendices R, L, AI, T, P, II, I

Subject Matter Index

The index lets you search by topic to find the right MPEP section fast. On the exam, if you know the topic but not the section number, start here.

Section numbers

Section numbers follow a hierarchical format. The first digit(s) identify the chapter; subsections are dot-separated:

1204.1= Ch. 1200, § 1204, subsection .1

Appendix references

Appendices reprint the statutes and rules in full. Cite them by their source document:

37 CFR 1.131App. R
35 USC 112App. L

The MPEP as open-book exam source

Every question on the USPTO patent bar exam (the Reg. exam) is answerable using the MPEP alone. The exam is formally "open book" — a searchable electronic version of the MPEP is available directly in the Prometric testing interface throughout the entire exam. You are never required to have any section memorized.

In practice, however, the exam is 3 hours for 50 questions per session (AM and PM, 100 questions total). That leaves roughly 3.5 minutes per question — not enough time to look up every answer from scratch. Candidates who pass are the ones who know the MPEP well enough to look up only the questions they're uncertain about, and can navigate quickly to the right section when they do.

This is why chapter familiarity matters more than memorization. You don't need to know every word of MPEP § 2164.01(a) — but you need to know that enablement questions live in Chapter 2100, and that the specific enablement factors are in § 2164, so you can find them in under a minute under test conditions.


Where to get the MPEP

The USPTO provides the MPEP free of charge on its website. The full document is available as a single PDF download as well as individual chapter PDFs. The official link is:

USPTO.gov — MPEP Ninth Edition (official download)

Or read it right here: the Wysebridge MPEP has the full text, searchable and cross-linked, free.

~32%

of exam questions

Chapter 2100 (Patentability) — master §§ 101, 102, 103, and 112 first.

~21%

of exam questions

Chapter 700 (Examination) — Office Actions, RCEs, deadlines, and final rejection rules.

~14%

of exam questions

Chapter 600 (Parts of Application) — specification, claims, drawings, fees.

Chapter frequency heatmap

Very High
High
Medium
Low

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All 29 MPEP chapters

Ch.Title & descriptionExam weight
100
The opening chapter covers USPTO organizational structure, the authority of patent examiners, and the general legal framework governing patent prosecution. Also establishes the scope and purpose of the MPEP itself.
Low~1%
200
Explains every application type: non-provisional, provisional, continuation, continuation-in-part (CIP), divisional, design, plant, and international (PCT). Covers priority claims, benefit claims under 35 U.S.C. §§ 119–121, and the distinction between domestic and foreign filing.
Low~3%
300
Addresses inventor rights, joint inventors, assignment of patent applications and issued patents, recording assignments with the USPTO, and the impact of assignment on prosecution rights.
Low~1%
400
Covers power of attorney, withdrawal of attorney or agent, who may represent applicants before the USPTO, rules for correspondence, and pro se applicant rights.
Low~2%
500
Governs how the USPTO receives, date-stamps, and processes incoming mail and electronic filings. Includes certificate of mailing rules, Express Mail/Priority Mail Express procedures, and the consequences of improper filing.
Low~2%
600
One of the highest-weight chapters. Covers every component of a complete patent application: specification (background, summary, brief description, detailed description), claims, abstract, drawings (figures, reference numerals), oath or declaration, and filing fees. Also covers design-around and claim drafting fundamentals.
High~14%
700
The procedural backbone of patent prosecution. Covers the examination process start to finish: Office Actions (non-final and final), statutory periods for response, extension of time under 37 C.F.R. § 1.136, requests for continued examination (RCE), abandonment and revival, examiner interviews, pre-appeal conferences, and the after-final practice. High exam frequency.
Very High~21%
800
Explains when and how examiners require an applicant to restrict claims to a single invention (or linked inventions). Covers election of species, requirements for unity of invention under PCT, and how to file a divisional application after restriction.
Low~2%
900
Details how examiners search for prior art, the USPTO classification system, use of foreign patent documents and non-patent literature, and applicant's duty to cooperate with the search. Includes rules for search fees and international search reports.
Low~2%
1000
Summarizes key judicial decisions that shape USPTO practice. Includes Federal Circuit and Supreme Court precedent relevant to examination, claim interpretation, and post-grant proceedings.
Low~1%
1100
This chapter has been rescinded; Statutory Invention Registration was eliminated by the America Invents Act (AIA). Occasionally appears on older exam questions. Awareness of its prior function is sufficient.
Low<1%
1200
Covers appeal of examiner rejections to the Patent Trial and Appeal Board (PTAB). Includes Notice of Appeal, appeal brief requirements, Examiner's Answer, reply brief, oral argument procedures, and appeal decisions. Also covers appeals to federal courts.
Medium~4%
1300
Covers what happens after prosecution succeeds: Notice of Allowance, issue fee payment, publication, and issuance of a patent. Also addresses amendments after allowance and withdrawal of allowance.
Low~2%
1400
Covers reissue patents (including broadening reissue within the two-year window and the recapture rule) and certificates of correction. Explains how issued patents can be narrowed, broadened, or corrected post-grant.
Medium~4%
1500
Requirements unique to design patent applications: claim format (a single claim to ornamental design), formal drawings, the ornamental-versus-functional distinction, patent term (15 years from grant under AIA), and international design registrations under the Hague Agreement.
Low~2%
1600
Special rules for asexually reproduced plant varieties: enablement requirements (deposit of biological material), claim format, and distinction from utility and design patents. Rarely tested but present in the MPEP.
Low<1%
1700
A catch-all chapter covering petitions to the Director, public use proceedings, forfeiture, abandonment by act, and other topics that don't fit neatly elsewhere. Sporadically tested.
Low<1%
1800
Covers international patent filing via PCT: international application requirements, international filing date, international search report (ISR), international publication (18 months), optional international preliminary examination (Chapter II), and national phase entry at 30 months (31 months in some jurisdictions). Includes U.S. as receiving office and designated office.
Medium~6%
1900
Governs third-party submission of prior art against pending applications before publication. Explains timing, form requirements, and the limited scope of protest practice after AIA pre-issuance submissions.
Low<1%
2000
The duty of candor and good faith owed to the USPTO under 37 C.F.R. § 1.56. Covers who owes the duty, what information is material, how to submit an Information Disclosure Statement (IDS), and the consequences of inequitable conduct.
Low~2%
2100
The single most tested chapter on the patent bar — typically 30–35% of all questions. Covers the four statutory requirements: § 101 subject matter eligibility (Alice/Mayo framework), § 102 novelty (prior art under AIA and pre-AIA), § 103 obviousness (Graham v. John Deere factors, KSR), and § 112 written description, enablement, and definiteness. Mastery here is essential to passing.
Very High~32%
2200
Covers third-party citation of prior art to the USPTO (37 C.F.R. § 1.501), the substantial new question of patentability standard, and the ex parte reexamination procedure including patent owner and third-party participation rights.
Low~2%
2300
Pre-AIA interference proceedings (first-to-invent disputes) and AIA derivation proceedings (claims of derived invention). The AIA replaced interference with inter partes review for most disputes; derivation is the narrow surviving proceeding for same-subject-matter priority disputes.
Low~1%
2400
Special rules for biological inventions: deposit of biological material, enablement and written description issues unique to biotech, sequence listing requirements, and the utility requirement as applied to genes and proteins.
Low~1%
2500
Post-grant fee obligations. Maintenance fees are due at 3.5, 7.5, and 11.5 years after grant. Covers the six-month surcharge window, intentional/unintentional delay, revival of lapsed patents, and small/micro entity fee reductions.
Low~1%
2600
The pre-AIA inter partes reexamination procedure (now replaced by inter partes review for most patents). Covers the old procedure's scope, requester participation, and estoppel effects. AIA inter partes review (IPR) is a related but distinct proceeding governed separately.
Low~1%
2700
Covers patent term (20 years from earliest U.S. filing date for utility/plant patents), patent term adjustment (PTA) for USPTO delays under 35 U.S.C. § 154, and patent term extension (PTE) under § 156 for regulatory review periods (FDA, EPA).
Low~1%
2800
An AIA post-grant procedure allowing patent owners to request USPTO consideration of information to preclude inequitable conduct challenges. Must be requested within the patent's enforceable life. Can trigger ex parte reexamination if a substantial new question of patentability is found.
Low<1%
2900
Covers design patent protection via the Hague Agreement (international design registration). The U.S. joined the Hague System in 2015. Explains the international filing process, examination by the USPTO as a designated office, and the interaction with domestic design patent law.
Low<1%

Exam weight estimates based on historical USPTO exam question distribution. Actual exam content may vary by administration.

How to study the MPEP for the patent bar

Most candidates waste time treating the MPEP like a textbook to be read cover to cover. That approach leads to burnout and poor results. The three chapters that matter most — 2100, 700, and 600 — account for roughly 67% of all exam questions. A targeted, chapter-weighted approach makes every study hour count: we recommend about 150 hours of focused study, and Wysebridge students average 87 hours.

The recommended order: start with Chapter 2100 (Patentability) because it has the highest question density and the broadest conceptual range. Then move to Chapter 700 (Examination) to understand the procedural rules you'll apply under time pressure. Cover Chapter 600 (Parts of Application) next. After those three, work through the medium-frequency chapters — 1800 (PCT), 1200 (Appeal), 1400 (Correction) — before reviewing the lower-weight chapters as time allows.

Throughout, practice navigating the searchable MPEP under timed conditions. Knowing that the answer to a priority date question is somewhere in Chapter 200, section 201.06, is far more useful than having the exact text memorized — because on test day, you'll have the MPEP open in front of you.

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Practice questions organized by MPEP chapter.

Drill Chapter 2100 until it's solid, then move to 700. Wysebridge tracks your accuracy by chapter automatically.