Changes after the exam's MPEP revision

The exam tests MPEP 9th ed., Rev. 01.2024 (Nov 2024) until OED announces new source materials. These are the patent rule changes since then that matter in practice. Know them for your clients; answer exam questions from the tested MPEP.

Changes after the exam's MPEP revision2 min read4 sections

Must-know for the exam

Fee rule effective Jan 19, 2025: continuing application fees for filings more than 6 and more than 9 years after the earliest benefit date (37 CFR 1.17(w))
The earliest benefit date ignores provisional and foreign priority claims
IDS size fees once cumulative items exceed 50, 100 and 200 (37 CFR 1.17(v))
Accelerated Examination for utility applications ended for petitions filed on or after July 10, 2025
Track One limit raised to 20,000 requests per fiscal year (July 2025)
Design expedited examination suspended April 17, 2025 and removed August 14, 2025
Foreign-domiciled applicants and patent owners must use a registered practitioner from July 20, 2026
Unintentional-delay petitions filed more than one year late need additional information from August 13, 2026 (was two years)

On this page · 4 sections

Traps that cost marks

Assuming continuations cost the same whenever they are filed.
Counting items per IDS instead of cumulatively.
Assuming the MPEP's Accelerated Examination section still describes current practice.
Relying on the MPEP's description of the design rocket docket.
Assuming the rule blocks foreign inventors from obtaining a filing date.
Using the old two-year threshold in current practice.
Quoting an older limit from the MPEP or prep materials.
Answering exam questions from post-2024 rule changes.

How to use this topic

These items never appear in our mocks. If an exam question turns on a point listed here, answer it from the MPEP Rev. 01.2024 rule, which is what the exam's source materials state, unless OED has announced updated materials before your exam date.

Where to look

When a question turns on a detail you are unsure of, search these sources on the exam computer:

•Federal Register final rules 89 FR 91898 (Nov 20, 2024), 90 FR 24324, 90 FR 29990, 90 FR 39124 (2025), 91 FR 13510, 91 FR 37826 (2026)
•OED source materials (May 29, 2026)

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