What MPEP chapters are tested most on the patent bar?

Q: The top three chapters

Chapter 2100 — Patentability (~32%). This is the single most important chapter on the exam. It covers the core patentability requirements: § 101 (eligible subject matter), § 102 (novelty and AIA prior art), § 103 (obviousness), and § 112 (written description, enablement, and definiteness). Roughly one in three exam questions comes from Chapter 2100. There is no substitute for deep, systematic command of this chapter.

The MPEP contains 29 chapters, but they are not tested equally. Based on the 1999–2003 USPTO-released exams — the most reliable public data on question distribution — three chapters account for approximately two-thirds of all questions. Understanding this distribution is one of the most important strategic decisions you can make in preparing for the exam.

The top three chapters

Chapter 2100 — Patentability (~32%). This is the single most important chapter on the exam. It covers the core patentability requirements: § 101 (eligible subject matter), § 102 (novelty and AIA prior art), § 103 (obviousness), and § 112 (written description, enablement, and definiteness). Roughly one in three exam questions comes from Chapter 2100. There is no substitute for deep, systematic command of this chapter.

Chapter 700 — Examination of Applications (~21%). Chapter 700 covers the examination process: how examiners review applications, Office Action format and requirements, applicant response procedures, interviews, abandonment, and Requests for Continued Examination (RCEs). This is the procedural heart of patent prosecution and the second-highest exam weight.

Chapter 600 — Parts, Form and Content of Application (~14%). Chapter 600 covers what goes into a patent application: the specification, claims, drawings, inventor oaths and declarations, and formal requirements. Questions test specific requirements — what must be in a specification, how to correct a defective oath, what drawings must depict.

Other chapters with meaningful exam presence

Beyond the top three, several other chapters appear with enough frequency to require focused preparation:

Chapter 1800 — PCT Applications (~6%). International filing under the Patent Cooperation Treaty. Key topics include filing deadlines, national phase entry requirements, and the relationship between PCT and U.S. prosecution.
Chapter 1200 — Appeal (~4%). Procedure for appealing an examiner rejection to the Patent Trial and Appeal Board (PTAB), including Notice of Appeal, briefing requirements, and oral arguments.
Chapter 2200 — Citation of Prior Art (~3–4%). Duty of disclosure, Information Disclosure Statements (IDS), and inequitable conduct-adjacent procedures.
Chapter 1400 — Correction of Patents (~3%). Reissue, reexamination (ex parte and inter partes), and certificate of correction procedures.

What you can safely deprioritize

Several chapters appear rarely or almost never on the exam. Chapter 200 (Types and Status of Application), Chapter 300 (Ownership and Assignment), and Chapter 1500 (Design Patents) collectively may account for only 1–3% of questions combined. These chapters are not worth spending significant study time on at the expense of Chapters 2100, 700, and 600.

The most effective preparation strategy is to study chapters in order of their exam weight, not in numerical order. Starting with Chapter 2100 and working through the high-frequency chapters before spending any time on low-frequency material ensures your study hours produce the highest return per hour invested.