Patent bar Test Practice Questions by Topic

Statutory categories, the judicial exceptions and the Alice/Mayo two-step as applied in the USPTO's eligibility guidance (Step 2A prongs one and two, Step 2B), and the utility requirement. MPEP 2103-2107.

AIA 35 U.S.C. 102(a)(1) and (a)(2) prior art, the effective filing date, the 102(b)(1) grace-period exceptions and the 102(b)(2) exceptions (inventor-originated, prior inventor disclosure, common ownership), affidavits under 37 CFR 1.130, and which law applies to transition applications. MPEP 2150-2159 and 2131.

Pre-AIA 35 U.S.C. 102(a), (b), (e) and (g) for applications and patents still under the old law, the on-sale and public use bars, Rule 131 declarations to swear behind a reference, and how the transition rules decide which law applies. MPEP 2131-2138, 715 and 2159.

The Graham factual inquiries, KSR rationales, prima facie obviousness, analogous art, secondary considerations and rebuttal evidence, ranges and optimisation, and what counts as prior art for obviousness under AIA and pre-AIA law (including the 102(b)(2)(C) and pre-AIA 103(c) exceptions). MPEP 2141-2146.

Written description, enablement and the Wands factors, best mode, definiteness, means-plus-function claims, dependent and multiple dependent claims, claim form, new matter, and claim interpretation under the broadest reasonable interpretation. MPEP 2111, 2161-2185 and 608.01(n).

What a nonprovisional and a provisional application must contain to get a filing date, the specification, claims, drawings and abstract, the application data sheet, the inventor's oath or declaration and substitute statements, who may be the applicant, nonpublication requests, incorporation by reference and missing parts. MPEP chapter 600 and 37 CFR 1.51-1.84.

Filing papers and dates of receipt (Patent Center, Priority Mail Express, certificates of mailing and transmission), signatures, small and micro entity status and correcting it, fee errors and refunds, shortened statutory periods, extensions of time under 37 CFR 1.136, weekend and holiday deadlines. MPEP chapters 500 and 710.

Provisional applications, continuations, divisionals and continuations-in-part, copendency and the reference requirement, time limits for benefit and foreign priority claims, delayed claims and petitions, certified copies and the priority document exchange, and the 12-month restoration of the right of priority. MPEP chapter 200 and 37 CFR 1.55 and 1.78.

Design patents (single claim, drawings, ornamentality, term, continued prosecution applications, expedited examination) and plant patents (asexual reproduction, claim and specification rules). MPEP chapters 1500 and 1600.

How examination proceeds: Office actions, complete replies under 37 CFR 1.111, amendments and new matter, interviews, final rejections and after-final practice (1.116), RCEs (1.114), declarations under 1.130, 1.131 and 1.132, abandonment, quick path IDS and the Patent Prosecution Highway. MPEP chapter 700 and the Global/IP5 PPH notice.

Restriction and election of species, traversal, rejoinder, the 35 U.S.C. 121 safe harbor, statutory and nonstatutory double patenting, and terminal disclaimers. MPEP chapter 800 and 1490.

The duty of candor under 37 CFR 1.56, who owes it and for how long, information disclosure statements and their timing tiers under 1.97 and 1.98, preissuance submissions by third parties (1.290), and protests (1.291). MPEP 609, chapter 2000, 1134 and chapter 1900.

Ex parte appeals to the PTAB (notice of appeal, appeal brief, examiner's answer, reply brief, oral hearing, decisions and rehearing), what is petitionable and what is appealable, petitions to the Director (1.181-1.183), and revival of abandoned applications under 37 CFR 1.137. MPEP chapters 1000, 1200 and 711; 37 CFR Part 41.

Notice of allowance and the issue fee, withdrawal from issue, amendments after allowance (1.312), certificates of correction (1.322, 1.323), reissue (broadening within two years, recapture, the reissue oath), and statutory disclaimers. MPEP chapters 1300 and 1400.

The 20-year term and how it is measured, patent term adjustment (A, B and C delays and applicant delay), patent term extension for regulatory review, and maintenance fees, grace periods and acceptance of delayed payment. MPEP chapters 2700 and 2500.

Ex parte reexamination (who may request, substantial new question, patent owner statement), supplemental examination, and the AIA trials before the PTAB under 37 CFR Part 42: inter partes review, post-grant review, the derivation proceeding, timing bars, estoppel and motions to amend, as described in the Consolidated Trial Practice Guide (Nov 2019). MPEP chapters 2200 and 2800.

Secrecy orders and foreign filing licenses, the PCT international phase (receiving office, international search and preliminary examination, time limits) and national stage entry under 35 U.S.C. 371, and international design applications under the Hague Agreement. MPEP chapters 100, 1800 and 2900.

Who may practise before the USPTO, registration and limited recognition, powers of attorney and who may sign, withdrawal, and the USPTO Rules of Professional Conduct (37 CFR 11.101-11.901): competence, conflicts, confidentiality, fees, advertising, signatures and certifications, misconduct and discipline. MPEP chapter 400 and 37 CFR Part 11.

Fee and rule changes that took effect after MPEP Rev. 01.2024 (Nov 2024), which the exam's source materials do not yet include. Practise these for practice, not for the exam: they are never used in mocks.