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Patent Bar Sample Questions and Past Exams, With MPEP-Cited Answers

The best way to learn how patent bar questions work is to answer some, then check the MPEP. Start with seven original worked examples, each answer cited to the MPEP section it comes from. Then work through the retired USPTO exams from 1997 through 2003, with their answer keys.

24
Exam sessions
Questions and answer keys
1997–2003
Released USPTO exams
Historical registration examinations
100
Questions on today's exam
90 of which are scored
63 of 90
Current passing standard
Scored questions answered correctly

Original questions, not exam questions. Wysebridge wrote the seven questions below from public MPEP sections. They are not real exam questions, and nothing here comes from a current exam. Each answer cites the MPEP section so you can look it up. Wysebridge is an independent study resource and is not part of the USPTO. Last checked October 26, 2026.

Exam format

How the exam is built

The USPTO says the registration exam is computer-delivered with 100 multiple-choice questions. Of those, 90 are scored and 10 are unscored beta-test questions. Passing takes 63 of the 90 scored questions. Source: USPTO, Registration examination.

The exam is two three-hour sessions, and each question has five choices. Source: USPTO, Becoming a patent practitioner. Questions are based on the MPEP and other published USPTO policy and procedure reference materials. Source: General Requirements Bulletin. The USPTO updated the exam on September 23, 2026, and says it covers the source materials, including MPEP Ninth Edition, Revision 01.2024. Source: USPTO, Registration examination.

So each question rewards one habit: find the trigger, then find the section.

Practice

Seven worked examples

1. The grace period

Question. An inventor publishes a paper she alone wrote, describing the invention, on March 10, 2026. She files a US nonprovisional application claiming the invention on March 10, 2027, with no earlier priority claim. Is her own paper prior art against her claims?

Answer. No. A disclosure that would otherwise be prior art is excepted if it was made one year or less before the effective filing date and it is an inventor-originated disclosure: made by the inventor, a joint inventor, or someone who obtained the subject matter from them. Filing on March 11, 2027 would put the paper outside the one-year period.

Trap. Counting from the publication date instead of the effective filing date.

Source: MPEP 2153.01(a)

2. Claiming a provisional

Question. A provisional application was filed September 1, 2025. The applicant files a nonprovisional claiming its benefit on September 22, 2026, 12 months and 21 days later. The delay was unintentional. Can the benefit still be claimed?

Answer. Possibly. The nonprovisional must be filed within 12 months of the provisional, but the benefit may be restored if the nonprovisional is filed within two months after that period. The applicant files a petition under 37 CFR 1.78(b) with the petition fee and a statement that the delay was unintentional.

Trap. Answering no because 12 months passed.

Source: MPEP 211.01(a)

3. Late reply to an Office action

Question. A non-final Office action is mailed March 4, 2026, setting a three-month shortened statutory period. The applicant replies August 20, 2026. What is required for the application to stay alive?

Answer. A petition and fee for a three-month extension of time under 37 CFR 1.136(a). The shortened period ended June 4, 2026. The extension fees are cumulative, and no extension can carry the reply date beyond the six-month statutory maximum, which here is September 4, 2026.

Trap. Treating the shortened period as the deadline. It is the window in which no extension fee is due.

Source: MPEP 710.02(b), MPEP 710.02(e)

4. Timing an IDS

Question. An application is filed March 2, 2026. The first Office action on the merits has not yet been mailed. The applicant files an information disclosure statement on June 15, 2026. Does it need a fee or a statement?

Answer. No. An IDS filed within three months of the filing date or before the first Office action on the merits, whichever is later, requires neither a fee nor a 37 CFR 1.97(e) statement. Filed after the first action but before a final action, notice of allowance or Ex parte Quayle action, it would need either the 1.97(e) statement or the 1.17(p) fee.

Trap. Stopping at the three-month mark and missing "whichever is later."

Source: MPEP 609.04(b)

5. Replying to a restriction requirement

Question. The examiner restricts the claims into Group I (apparatus claims 1 to 10) and Group II (method claims 11 to 20). The applicant's reply says only "Group I is elected. Applicant traverses." What follows?

Answer. The reply is treated as an election without traverse. A traverse must include a written statement of reasons that distinctly and specifically points out the supposed errors in the requirement. Without those reasons, the applicant has also not preserved the right to petition the Director to review the requirement.

Trap. Assuming the word "traverses" is enough.

Source: MPEP 818.01, MPEP 818.01(a), MPEP 818.01(c)

6. Transitional phrases

Question. A claim reads "A composition consisting of A, B, and C." A reference discloses a composition of A, B, C and D. Does the claim language cover the reference's composition?

Answer. No. "Consisting of" excludes any element, step or ingredient not specified in the claim, so a composition that also contains D falls outside this claim. "Comprising" would be open-ended and would not exclude D. "Consisting essentially of" sits between them: it also admits elements that do not materially affect the basic and novel characteristics of the invention.

Trap. Reading all three phrases as "includes."

Source: MPEP 2111.03

7. Antecedent basis

Question. A claim reads: "A device comprising a housing and a lever, wherein the lever is coupled to said spring." Is the claim indefinite?

Answer. It may be. "Said spring" has no earlier recitation, so the reader may not know which element is meant. But the failure to provide explicit antecedent basis does not always make a claim indefinite. If the scope of the claim would be reasonably ascertainable by those skilled in the art, the claim is not indefinite.

Trap. "Always" or "never" answers. The MPEP gives a test, not a rule.

Source: MPEP 2173.05(e)

Build your own error log

For every miss, record the topic, the section you missed and the current MPEP source. Then try more free questions or the exam simulator. Match each topic to its MPEP chapter in the MPEP guide: chapter 200, 600, 700, 800 and 2100. Claims are a frequent starting point, so see patent claim types explained too.

These exams are historical. They are valuable practice material, but patent law and USPTO procedure have changed substantially since these questions were written, especially after the America Invents Act. Use the original exams to study question style and issue spotting, then verify substantive rules against the current USPTO examination source materials before relying on an old answer.

Download archive

Released USPTO Registration Examinations, 1997–2003

24 exam sessions · questions and answer keys

2003

October 2003 — AM Session

October 2003 — PM Session

April 2003 — AM Session

April 2003 — PM Session

2002

October 2002 — AM Session

October 2002 — PM Session

April 2002 — AM Session

April 2002 — PM Session

2001

October 2001 — AM Session

October 2001 — PM Session

April 2001 — AM Session

April 2001 — PM Session

2000

October 2000 — AM Session

October 2000 — PM Session

April 2000 — AM Session

April 2000 — PM Session

1999

November 1999 — PM Session

November 1999 — AM Session

April 1999 — AM Session

April 1999 — PM Session

1998

August 1998 — AM Session

August 1998 — PM Session

1997

August 1997 — AM Session

August 1997 — PM Session

Finished a historical set? Practice the same question style with questions built around current law and the current USPTO source materials.

Purpose

Are Old Patent Bar Questions Still Useful?

Yes, but for a specific purpose. Retired USPTO questions are most useful for learning the style of the registration examination: long fact patterns, precise procedural details, closely worded answer choices, and the need to locate the controlling rule efficiently. They also help candidates practice pacing and disciplined MPEP lookup under time pressure.

They should not be treated as a current-law answer bank. Many of the released examinations predate major statutory and procedural changes. A question may still be useful even when the historical answer is no longer the answer a candidate should apply under current law.

Changes

What Changed Since These Exams Were Released?

The last exams in this archive were written before the America Invents Act and before later USPTO rule changes. Candidates should be especially careful with questions involving prior art, first-to-invent concepts, interference practice, post-grant proceedings, fee categories, and procedures that have been revised or replaced.

For the current registration examination, the USPTO states that the computer-delivered test contains 100 multiple-choice questions, 90 of which are scored. A passing result requires 70% of the scored questions, or 63 of 90. The USPTO also requires candidates to agree not to disclose current examination content, which is one reason modern exam questions should not be expected to appear as a continuously updated public archive.

Method

How to Use the Past Exams Without Learning Outdated Rules

A good approach is to separate question-pattern practice from rule verification:

  1. Read the question and identify the issue being tested before searching the MPEP.

  2. Answer under timed conditions when you are using the exam for pacing practice.

  3. Compare your answer with the historical key, but do not stop there if the issue involves law or procedure that may have changed.

  4. Locate the governing section in the current MPEP and current USPTO source materials.

  5. Keep a short error log that records the topic, the rule you missed, and the current source you used to correct it.

This prevents a common study problem: memorizing a retired answer instead of learning the current rule and the reasoning process needed to find it. The MPEP chapter guide can help you find the governing section quickly.

Pacing

Use the Historical Exams for Timing Practice

The current USPTO registration examination is still a timed, multiple-choice test. Historical question sets therefore remain useful for practicing speed, reading discipline, and lookup strategy even when individual substantive rules have changed.

When you use a full historical set, practice in blocks rather than casually reading questions one at a time. The goal is to learn when to answer from knowledge, when to confirm a rule, and when to move on instead of spending too much time on one issue. Fit timed sets into your patent bar study plan.

Where to go next

Historical Questions vs. Current Patent Bar Practice

This page is the archive. Its purpose is to give candidates access to released historical examinations and explain how to use them responsibly. For current question types, exam structure, and answering strategy, use the patent bar exam questions guide. For current-law practice questions and broader no-cost study tools, see free patent bar exam prep. For timed full-length practice in a Prometric-style environment, use the patent bar exam simulator.

Keeping those roles separate is important: retired exams show how the USPTO has tested candidates in the past; current study tools should reflect the rules and source materials candidates are expected to use now.

Review

A Better Way to Review Each Missed Question

After completing a session, do more than mark right or wrong. For each missed or uncertain question, identify the MPEP chapter, find the controlling section, and write one sentence explaining why the correct rule applies. If the historical key depends on an outdated rule, mark that question as historical rather than trying to memorize the old result.

This turns the archive into a diagnostic tool. Over several sessions, patterns become visible: you may be losing points because of deadlines, claim interpretation, application procedure, appeals, PCT practice, or simply slow MPEP navigation. Those patterns should determine what you study next.

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Use the released exams to learn the USPTO's question style, then move into practice built around the current examination source materials. Wysebridge combines current-law practice questions, MPEP-based explanations, performance tracking, and timed exam simulation so you can use historical questions for what they do best without relying on them as a substitute for current rules.Timed exam simulation →