Checked 18 October 2026. Written against MPEP Ninth Edition, Revision 01.2024, which the USPTO source-materials list (last updated 29 May 2026) names and the exam has tested since 24 September 2025. When the USPTO moves to a new revision, re-check every answer.
Here are 40 free US Patent Bar practice questions with answers, written for the exam as it stands in 2026: MPEP Ninth Edition, Revision 01.2024, the 2019 Consolidated Trial Practice Guide and the USPTO ethics rules. Each has five choices like the real exam, a short explanation and the MPEP section or 37 CFR rule where the answer is, so you can practise finding it. They are our own questions, not USPTO exam questions: the real ones are under a non-disclosure agreement. Each answer was checked twice, independently, against the MPEP and rule text. ProSyllabus is an independent study site, not part of the USPTO, its Office of Enrollment and Discipline (OED) or Prometric. Every rule here is quoted or summarised from the USPTO General Requirements Bulletin, the Code of Federal Regulations and USPTO pages, and OED decides every application.
Practise in the real format with the US Patent Bar practice exam: three full mocks of 100 five-choice questions in two three-hour sessions, every answer naming its MPEP section, and 10 questions free. Before you book, check you can sit the exam with the free eligibility checker.
USPTO Registration examination page (29 Sep 2026) and exam statistics page, read 18 October 2026.
How the real exam is set
| Feature | Real exam | These samples |
|---|---|---|
| Questions | 100 multiple-choice, five choices each | 40, five choices each |
| Scored | 90; 10 unidentified beta questions are not scored | All 40, by you |
| Pass mark | 63 of the 90 scored (70%) | Aim for 28 of 40 (70%) as a rough guide |
| Time | Two three-hour sessions of 50 questions, six hours in all | About 3½ minutes a question at exam pace: 2 hours 20 minutes for 40 |
| Reference | MPEP and the other source materials on screen, external links redacted | Use the free MPEP on uspto.gov as you would on the day |
| Law tested | MPEP Rev. 01.2024 and the other source materials | The same |
Exam facts from the USPTO Registration examination page (last updated 29 Sep 2026) and the General Requirements Bulletin (issued August 2026). The 28-of-40 target is our suggestion, not a USPTO figure.
Where other pages get this wrong
The exam tests MPEP Revision 01.2024, the revision named on the USPTO source-materials list.
Commonly published instead: question banks and PDFs still built on Revision 07.2022 (tested from September 2023) or older editions, and released questions from before the America Invents Act presented as current law.
Practice on old law teaches wrong answers: first-to-invent rules, 37 CFR 1.131 swearing behind and pre-AIA 102(b) bars all appear in older material. Check which revision a question bank was written for before you trust its key.
Before you prepare: who can sit it. If you are not a US citizen and you live in India, you cannot sit this exam. The USPTO's General Requirements Bulletin says the registration examination "is not administered to aliens who do not reside in the United States". Of non-citizens, only US lawful permanent residents may apply for registration; others living in the US with qualifying work authorisation can get only limited recognition, and the one foreign-reciprocity clause, 37 CFR 11.6(c), covers Canada alone. Our guides on the residence rule and degree categories A to D set out the rules.
How to use these questions
Treat every question as a search drill, because the real exam is open book and the time goes on finding the right section. Read the stem, decide which MPEP chapter or rule it lives in, find the section, and only then choose. The answer box names the section, so you can check whether you would have found it. Questions are grouped by subject below; the table shows which MPEP chapters they draw on.
| Source | Questions |
|---|---|
| MPEP chapter 2100 | 6 |
| MPEP chapter 200 | 4 |
| MPEP chapter 600 | 4 |
| MPEP chapter 700 | 3 |
| MPEP chapter 800 | 3 |
| 37 CFR Part 11 (ethics) | 3 |
| MPEP chapter 500 | 2 |
| MPEP chapter 1100 | 2 |
| MPEP chapter 1500 | 2 |
| MPEP chapter 2500 | 2 |
| MPEP chapter 2700 | 2 |
| MPEP chapter 1200 | 1 |
| MPEP chapter 1400 | 1 |
| MPEP chapter 1800 | 1 |
| MPEP chapter 2000 | 1 |
| MPEP chapter 2200 | 1 |
| MPEP chapter 2300 | 1 |
| Consolidated Trial Practice Guide | 1 |
Our split, chosen to cover the main areas. The USPTO publishes no weighting by chapter.
Practise the US Patent Bar: 310 questions in full mocks, 10 free
Full mocks in the real format: 50 questions in each three-hour session, five choices each, on MPEP Revision 01.2024. Every answer names the MPEP section, rule or statute it rests on. The first 10 questions are free.
- 310questions
- 7timed parts
- 1116minutes in all
- 310answers explained
The real exam is 100 questions in two three-hour sessions of 50. Each mock here is the same: two timed sessions of 50.
Inventor Rao publicly demonstrates her new valve at a trade show on 1 March 2025. On 1 June 2025 an unrelated engineer independently publishes an article describing the same valve. Rao files a US nonprovisional application on 15 February 2026, claiming the valve. Under 35 U.S.C. 102 as amended by the AIA, which disclosure(s) are prior art to Rao’s claim?
300 more questions and the timed sessions are in the full practice exam
- 3 full mocks of 100 questions: two timed sessions of 50, three hours each, as on the day
- Five choices per question, written for MPEP Ninth Edition, Revision 01.2024
- The MPEP section behind every answer, and why the tempting choice is wrong
- Searchable MPEP beside the questions: practise finding the section, the skill the open-book exam really tests
- Your score by subject, so you know which chapters to revise
- Pass line shown: 63 of 90 scored questions (70%) on the real exam
Independent practice material. Not written or endorsed by the USPTO, its Office of Enrollment and Discipline or Prometric. Every question is original; none is a USPTO examination question. Written for MPEP Ninth Edition, Revision 01.2024, the revision on the USPTO source-materials list in October 2026; check the USPTO page before your exam in case the revision changes. Not legal advice.
Filing, benefit and priority
Question 1 · Provisional applications · MPEP 200
A provisional application was filed on Friday, 10 January 2025. The applicant wants a nonprovisional application to claim its benefit under 35 U.S.C. 119(e) without any petition. 10 January 2026 is a Saturday and Monday 12 January 2026 is not a federal holiday. What is the last day to file the nonprovisional?
- (A) Monday, 12 January 2026
- (B) Saturday, 10 January 2026, by Patent Center only
- (C) Tuesday, 10 March 2026, with a petition fee
- (D) Friday, 9 January 2026
- (E) 10 July 2026, the end of an 18-month period
Show the answer
(A) Monday, 12 January 2026. The nonprovisional must be filed within 12 months of the provisional. When the last day falls on a Saturday, Sunday or federal holiday, 35 U.S.C. 119(e)(3) extends it to the next business day. (A petition to restore benefit can extend the window by up to two months, but the question asks for the deadline without a petition.)
Where to find it: MPEP 211.01(a); 35 U.S.C. 119(e)(3), 21(b)
Question 2 · Patent term · MPEP 2700
A utility application filed on 1 May 2024 claims the benefit of a provisional filed on 1 May 2023 and the foreign priority of a Japanese application filed on 1 March 2023. Ignoring any patent term adjustment or extension, from which date is the 20-year term measured?
- (A) The date the patent is granted
- (B) 1 May 2024
- (C) 1 May 2023
- (D) 1 November 2025, eighteen months after filing
- (E) 1 March 2023
Show the answer
(B) 1 May 2024. The 20-year term runs from the filing date of the application, or of the earliest US nonprovisional application whose benefit is claimed under 120, 121, 365(c) or 386(c). Benefit of a provisional (119(e)) and foreign priority (119(a)) are not counted.
Where to find it: MPEP 2701; 35 U.S.C. 154(a)(2), (3)
Question 3 · Design priority · MPEP 1500
A German design application was filed on 2 January 2026. Without any petition, what is the latest date for a US design application to claim its priority under the Paris Convention?
- (A) 2 July 2026
- (B) 2 July 2027
- (C) 2 January 2027
- (D) 2 March 2027
- (E) 2 April 2026
Show the answer
(A) 2 July 2026. For design applications the foreign priority period is six months (35 U.S.C. 172), not the twelve months that apply to utility applications.
Where to find it: MPEP 1504.10; 35 U.S.C. 172
Question 4 · Foreign priority · MPEP 200
A utility application is filed in the US 13 months after the applicant’s first-filed Indian application for the same invention. The delay was unintentional. Can the US application obtain the right of priority?
- (A) No, unless the delay was unavoidable
- (B) Yes, but only if the applicant files an RCE
- (C) Yes, automatically, because India is a WTO member
- (D) Yes, by a petition under 37 CFR 1.55(c) to restore the right of priority, filed in time and stating that the delay was unintentional
- (E) No; the 12-month period can never be extended
Show the answer
(D) Yes, by a petition under 37 CFR 1.55(c) to restore the right of priority, filed in time and stating that the delay was unintentional. If the US application is filed within 14 months of the foreign application, the right of priority can be restored by petition under 37 CFR 1.55(c) if the delay was unintentional.
Where to find it: MPEP 213.03; 37 CFR 1.55(c); 35 U.S.C. 119(a)
Question 5 · PCT national stage · MPEP 1800
An international application under the PCT designating the US claims priority to an application filed on 15 April 2025. By when must the basic national fee be paid to enter the US national stage under 35 U.S.C. 371 without needing a petition?
- (A) 30 months from the priority date: 15 October 2027
- (B) 18 months from the priority date
- (C) 30 months from the international filing date
- (D) 12 months from the priority date
- (E) 20 months from the priority date: 15 December 2026
Show the answer
(A) 30 months from the priority date: 15 October 2027. The 35 U.S.C. 371(c)(1) requirements, including the basic national fee, are due by 30 months from the priority date.
Where to find it: MPEP 1893.01(a)(1); 35 U.S.C. 371(b); 37 CFR 1.495
Question 6 · Filing date · MPEP 600
A nonprovisional utility application is filed today with a specification containing a full description but no claims, with drawings, no filing fee and no inventor’s oath. Does it receive a filing date?
- (A) No; the filing fee must accompany the application
- (B) Yes, but only if it is converted to a provisional application
- (C) Yes; claims, fees and the oath may be supplied later, with any surcharge
- (D) No; the inventor’s oath or declaration is required for a filing date
- (E) No; at least one claim is required for a filing date
Show the answer
(C) Yes; claims, fees and the oath may be supplied later, with any surcharge. For applications filed on or after 18 December 2013, the filing date is the date a specification, with or without claims, is received. Claims, drawings, fees and the oath or declaration can follow, subject to surcharges, deadlines and the bar on new matter.
Where to find it: MPEP 601.01(a); 35 U.S.C. 111(a); 37 CFR 1.53(b)
Question 7 · Oath or declaration · MPEP 600
In an original (non-reissue) nonprovisional application, the applicant files an application data sheet giving each inventor’s legal name, mailing address and residence, but no inventor’s oath or declaration. Under 37 CFR 1.53(f)(3), what is the latest the oath or declaration may be filed?
- (A) Before the first Office action
- (B) Within one month of a notice to file missing parts, with no exceptions
- (C) Within three months of the filing date
- (D) At any time, even after the patent issues
- (E) No later than the date the issue fee is paid
Show the answer
(E) No later than the date the issue fee is paid. With an ADS identifying each inventor, filing the oath or declaration can be postponed, but it must be filed no later than the date the issue fee is paid.
Where to find it: MPEP 602.01(a); 37 CFR 1.53(f)(3)
Question 8 · Provisional applications · MPEP 200
Which of the following applications may NOT claim the benefit of a US provisional application?
- (A) A plant application filed within 12 months
- (B) A PCT application designating the US
- (C) A utility application filed 12 months after the provisional on a weekday
- (D) A utility nonprovisional application filed 10 months after the provisional
- (E) A design application
Show the answer
(E) A design application. Design applications cannot claim the benefit of a provisional application. Utility and plant applications (and PCT applications) filed within the 12-month window can.
Where to find it: MPEP 1504.10; MPEP 211.01(a); 37 CFR 1.78(a)
Question 9 · Continuing applications · MPEP 200
A continuation-in-part (CIP) adds new matter to its parent. Claim 1 of the CIP is fully supported by the parent; claim 2 relies on the new matter. What effective filing dates do the claims get?
- (A) Both get the parent’s filing date
- (B) Neither, until the examiner approves the benefit claim
- (C) Claim 2 gets the parent’s date because the CIP claims its benefit
- (D) Both get the CIP’s filing date
- (E) Claim 1 gets the parent’s date; claim 2 gets the CIP’s filing date
Show the answer
(E) Claim 1 gets the parent’s date; claim 2 gets the CIP’s filing date. Benefit is decided claim by claim. A claim gets the earlier date only if the parent supports it under 35 U.S.C. 112(a); a claim relying on new matter gets the CIP’s own filing date.
Where to find it: MPEP 211.05, 2152.01, 2133.01
Examination, replies and IDS
Question 10 · Time for reply · MPEP 700
A non-final Office action sets a three-month shortened statutory period for reply. The applicant pays the fees for extensions of time under 37 CFR 1.136(a). What is the latest date a reply can be filed without the application becoming abandoned?
- (A) Three months from the mailing date, with no extensions possible
- (B) Six months from the mailing date of the Office action
- (C) Twelve months from the mailing date
- (D) Five months from the mailing date
- (E) Any time before the examiner mails a notice of abandonment
Show the answer
(B) Six months from the mailing date of the Office action. 35 U.S.C. 133 sets a maximum statutory period of six months. With a three-month shortened period, up to three months of extensions can be bought under 1.136(a), but never beyond six months from the action.
Where to find it: MPEP 710.02(e), 711.02; 35 U.S.C. 133; 37 CFR 1.136(a)
Question 11 · Request for continued examination · MPEP 700
In which of the following applications, each under a final rejection, may the applicant file a request for continued examination (RCE) under 37 CFR 1.114?
- (A) A utility application filed in 2023
- (B) A design application filed in 2023
- (C) A provisional application filed in 2024
- (D) A utility application in which the applicant has already paid the issue fee and the patent has issued
- (E) Any of the above, if the RCE fee is paid
Show the answer
(A) A utility application filed in 2023. An RCE is available in utility and plant applications filed on or after 8 June 1995 while prosecution is closed. It is not available for design applications or provisional applications, and not after the patent issues.
Where to find it: MPEP 706.07(h); 37 CFR 1.114
Question 12 · Information disclosure statements · MPEP 600
An applicant files an information disclosure statement (IDS) citing 12 documents, complying with 37 CFR 1.98, two months after the filing date of a national nonprovisional application (not a continued prosecution application), before any Office action. Which of the following does 37 CFR 1.97 require with it for it to be considered?
- (A) The IDS fee only
- (B) A statement under 37 CFR 1.97(e) only
- (C) Both a 1.97(e) statement and the IDS fee
- (D) Neither a statement under 37 CFR 1.97(e) nor the IDS fee
- (E) A petition to the Director
Show the answer
(D) Neither a statement under 37 CFR 1.97(e) nor the IDS fee. An IDS filed within three months of the filing date of a national application, or before the first Office action on the merits, is considered without a 1.97(e) statement or the 1.17(p) fee under 37 CFR 1.97(b). It must still comply with 1.98, which includes the size-fee assertion; no size fee arises unless the cumulative number of items cited in the application exceeds 50.
Where to find it: MPEP 609.04(b); 37 CFR 1.97(b)
Question 13 · Information disclosure statements · MPEP 600
After a final rejection, but before the issue fee is paid, an applicant wants an IDS citing 8 documents, which otherwise complies with 37 CFR 1.98, considered without filing an RCE. What does 37 CFR 1.97 additionally require?
- (A) Only a statement under 37 CFR 1.97(e)
- (B) A petition, because no IDS can be considered after a final rejection
- (C) A statement under 37 CFR 1.97(e) and the fee under 37 CFR 1.17(p)
- (D) Only the fee under 37 CFR 1.17(p)
- (E) Nothing; any IDS filed before the issue fee is paid is considered
Show the answer
(C) A statement under 37 CFR 1.97(e) and the fee under 37 CFR 1.17(p). In the window after a final action, notice of allowance or ex parte Quayle action, and on or before payment of the issue fee, 37 CFR 1.97(d) requires both a 1.97(e) statement and the 1.17(p) fee.
Where to find it: MPEP 609.04(b); 37 CFR 1.97(d), (e)
Question 14 · Publication · MPEP 1100
At filing, an applicant made a nonpublication request certifying that the invention would not be filed abroad. Later the applicant files a corresponding application in a country that requires publication at 18 months. What must the applicant do?
- (A) Notify the USPTO only if the foreign application is published
- (B) Pay a publication fee before the foreign filing
- (C) Notify the USPTO of the foreign filing within 45 days of it
- (D) Withdraw the US application
- (E) Nothing; a nonpublication request cannot be changed
Show the answer
(C) Notify the USPTO of the foreign filing within 45 days of it. Under 35 U.S.C. 122(b)(2)(B)(iii) the applicant must notify the Office within 45 days of the foreign filing. Failing to do so leaves the application abandoned (revival may be possible). Rescinding the request is advisable but the notice is what the statute requires.
Where to find it: MPEP 1124; 35 U.S.C. 122(b)(2)(B)(iii)
Question 15 · Double patenting and divisionals · MPEP 800
After a restriction requirement, the applicant elects group I and later files a divisional application on the non-elected group II. Which statement is correct?
- (A) The protection of 35 U.S.C. 121 also covers any continuation-in-part
- (B) The divisional must be filed with a terminal disclaimer
- (C) The divisional may add new matter if it is related to group II
- (D) The divisional gets its own filing date and no benefit of the parent
- (E) 35 U.S.C. 121 bars using the parent as a basis for a double patenting rejection of the divisional’s claims as restricted
Show the answer
(E) 35 U.S.C. 121 bars using the parent as a basis for a double patenting rejection of the divisional’s claims as restricted. Section 121 prevents a patent on the parent from being used against a divisional (filed as a result of the restriction and kept consonant with it). The safe harbour does not extend to a continuation-in-part. A divisional carries no new matter and claims the parent’s benefit.
Where to find it: MPEP 804.01, 201.06; 35 U.S.C. 121
Question 16 · Restriction · MPEP 800
The examiner requires restriction between two inventions. The applicant’s reply argues that restriction is improper but does not elect either invention. How is the reply treated?
- (A) As incomplete, because a reply to a restriction requirement must include an election even when traversing
- (B) As an automatic election of the first-claimed invention
- (C) As a petition to the Director
- (D) As complete, because the traversal preserves the issue
- (E) As an express abandonment
Show the answer
(A) As incomplete, because a reply to a restriction requirement must include an election even when traversing. Under 37 CFR 1.143 a reply to a restriction requirement must include an election, whether or not the applicant traverses. A traverse without an election is not a complete reply.
Where to find it: MPEP 818.01(b); 37 CFR 1.143
Question 17 · Preissuance submissions · MPEP 1100
A third party wants to submit prior art in a published pending application under 35 U.S.C. 122(e). The application was published on 1 February 2026 and has not yet received any rejection or allowance. By when must the submission be made?
- (A) Any time before the patent issues
- (B) Only after the first Office action
- (C) Within nine months of publication
- (D) Before the later of 1 August 2026 or the date of the first rejection, and in any case before a notice of allowance
- (E) Within two months of publication
Show the answer
(D) Before the later of 1 August 2026 or the date of the first rejection, and in any case before a notice of allowance. A preissuance submission must be made before the earlier of (a) a notice of allowance and (b) the later of six months after publication or the date of the first rejection of any claim.
Where to find it: MPEP 1134.01; 37 CFR 1.290(b); 35 U.S.C. 122(e)
Question 18 · Revival · MPEP 700
An application became abandoned because the applicant missed the deadline for reply. The delay was unintentional. What does a petition to revive under 37 CFR 1.137(a) require?
- (A) A new application claiming the abandoned one’s benefit
- (B) The required reply, the petition fee and a statement that the entire delay was unintentional
- (C) A request for continued examination
- (D) Only the petition fee
- (E) Proof that the delay was unavoidable
Show the answer
(B) The required reply, the petition fee and a statement that the entire delay was unintentional. Rule 1.137(a) allows revival of an unintentionally abandoned application; 1.137(b) lists what the petition needs: the reply (unless previously filed), the petition fee under 1.17(m), any terminal disclaimer required by 1.137(d), and a statement that the entire delay was unintentional.
Where to find it: MPEP 711.03(c); 37 CFR 1.137(a), (b)
Question 19 · Certificate of mailing · MPEP 500
Which of the following can NOT be filed with the benefit of a certificate of mailing under 37 CFR 1.8?
- (A) A notice of appeal
- (B) A reply to a non-final Office action
- (C) A request for an extension of time
- (D) An amendment after a final rejection
- (E) A new nonprovisional application, to obtain a filing date
Show the answer
(E) A new nonprovisional application, to obtain a filing date. Rule 1.8 does not apply to the filing of national and international applications for a filing date, among other listed exceptions. Replies, notices of appeal and similar papers can be made timely with a certificate.
Where to find it: MPEP 512; 37 CFR 1.8(a)(2)
Question 20 · Priority Mail Express · MPEP 500
An applicant deposits a new application with the US Postal Service by Priority Mail Express under 37 CFR 1.10 on 30 June. It reaches the USPTO on 2 July. What filing date does it receive, if the rule’s requirements are met?
- (A) 2 July, the date of receipt
- (B) 1 July
- (C) The date the USPTO opens the envelope
- (D) No filing date, because applications must be filed electronically
- (E) 30 June, the date of deposit with the USPS
Show the answer
(E) 30 June, the date of deposit with the USPS. Correspondence filed by Priority Mail Express under 1.10 is treated as filed on the date of deposit with the USPS, shown by the “date accepted” on the Priority Mail Express label or other official USPS notation.
Where to find it: MPEP 513; 37 CFR 1.10(a)
Patentability: 101, 102, 103 and 112
Question 21 · Prior art under the AIA · MPEP 2100
Inventor Rao publicly demonstrates her new valve at a trade show on 1 March 2025. On 1 June 2025 an unrelated engineer independently publishes an article describing the same valve. Rao files a US nonprovisional application on 15 February 2026, claiming the valve. Under 35 U.S.C. 102 as amended by the AIA, which disclosure(s) are prior art to Rao’s claim?
- (A) Only the article
- (B) Both the demonstration and the article
- (C) Only the trade-show demonstration
- (D) The article, unless Rao files a declaration under 37 CFR 1.131
- (E) Neither the trade-show demonstration nor the article
Show the answer
(E) Neither the trade-show demonstration nor the article. Rao’s own disclosure falls within the one-year grace period of 102(b)(1)(A). The later third-party article discloses the same subject matter Rao had already publicly disclosed, so 102(b)(1)(B) excepts it. Rule 1.131 swearing-behind applies to pre-AIA applications; under the AIA the evidence is a 37 CFR 1.130 declaration.
Where to find it: MPEP 2152.02, 2153.01(a), 2153.02; 35 U.S.C. 102(b)(1)
Question 22 · Subject matter eligibility · MPEP 2100
Under the USPTO’s subject matter eligibility framework, a claim recites an abstract idea. Which question is asked at Step 2A, Prong Two?
- (A) Is the claim novel over the prior art?
- (B) Does the claim as a whole integrate the judicial exception into a practical application?
- (C) Is the claim to a process, machine, manufacture or composition of matter?
- (D) Does the claim recite a judicial exception?
- (E) Is the claim definite under 35 U.S.C. 112(b)?
Show the answer
(B) Does the claim as a whole integrate the judicial exception into a practical application?. Step 1 asks about the statutory category. Step 2A Prong One asks whether a judicial exception is recited; Prong Two asks whether the claim integrates it into a practical application. Step 2B asks whether additional elements amount to significantly more.
Where to find it: MPEP 2106.04(d), 2106
Question 23 · Obviousness · MPEP 2100
Which of the following is NOT one of the factual inquiries set out in Graham v. John Deere for an obviousness determination?
- (A) The inventor’s own belief that the invention was not obvious
- (B) The scope and content of the prior art
- (C) The differences between the prior art and the claims
- (D) Objective evidence such as commercial success or long-felt need
- (E) The level of ordinary skill in the art
Show the answer
(A) The inventor’s own belief that the invention was not obvious. The Graham inquiries are the scope and content of the prior art, the differences from the claims, the level of ordinary skill and objective (secondary) considerations. The inventor’s subjective view is not one of them.
Where to find it: MPEP 2141, 2141.01
Question 24 · Means-plus-function claims · MPEP 2100
A claim recites “means for fastening the lid to the base” with no structure for performing that function. How is the limitation construed during examination?
- (A) As covering any structure capable of fastening
- (B) As a method step
- (C) As indefinite per se, because means-plus-function claiming is prohibited
- (D) Under 35 U.S.C. 112(f), to cover the corresponding structure described in the specification and its equivalents
- (E) As limited to the exact structure shown, with no equivalents
Show the answer
(D) Under 35 U.S.C. 112(f), to cover the corresponding structure described in the specification and its equivalents. Use of “means for” with a function and no sufficient structure invokes 112(f). The limitation covers the corresponding structure, material or acts in the specification and their equivalents.
Where to find it: MPEP 2181, 2182, 2183
Question 25 · Indefiniteness · MPEP 2100
Claim 1 recites “a housing” and “wherein said lever pivots,” but no lever is introduced anywhere in the claim. What is the most appropriate action?
- (A) A rejection under 35 U.S.C. 102
- (B) No action; antecedent basis is never required
- (C) A rejection under 35 U.S.C. 112(b) for lack of antecedent basis, where the term’s scope is unclear
- (D) A rejection under 35 U.S.C. 101
- (E) An objection to the drawings only
Show the answer
(C) A rejection under 35 U.S.C. 112(b) for lack of antecedent basis, where the term’s scope is unclear. A claim term without antecedent basis can make the claim’s scope unclear, which supports a 112(b) indefiniteness rejection.
Where to find it: MPEP 2173.05(e)
Question 26 · New matter · MPEP 2100
During prosecution, the applicant amends a claim to add a limitation that has no support in the application as filed. What should the examiner do?
- (A) Reject the claim under 35 U.S.C. 102
- (B) Require a terminal disclaimer
- (C) Reject the claim under 35 U.S.C. 112(a) for lack of written description (new matter)
- (D) Enter the amendment, since claims may be broadened at any time
- (E) Object to the claim under 37 CFR 1.75 only
Show the answer
(C) Reject the claim under 35 U.S.C. 112(a) for lack of written description (new matter). New matter added to a claim is rejected under 112(a) (written description). New matter added to the specification is objected to under 35 U.S.C. 132(a).
Where to find it: MPEP 2163.06, 2163; 35 U.S.C. 132(a)
Question 27 · Double patenting · MPEP 800
An examiner rejects claims on the ground of nonstatutory (obviousness-type) double patenting over the applicant’s own earlier patent. Which reply can overcome the rejection?
- (A) A terminal disclaimer, but only if the rejection is statutory double patenting under 35 U.S.C. 101
- (B) A declaration under 37 CFR 1.130
- (C) An RCE without amendment
- (D) An argument that the two applications have the same inventor
- (E) A proper terminal disclaimer
Show the answer
(E) A proper terminal disclaimer. Nonstatutory double patenting can be overcome by a terminal disclaimer (or by argument or amendment). Statutory, same-invention double patenting under 101 cannot be overcome by a terminal disclaimer.
Where to find it: MPEP 804, 804.02, 1490
After grant: fees, term, reissue, reexamination and trials
Question 28 · Maintenance fees · MPEP 2500
Which of the following patents requires maintenance fees to stay in force?
- (A) None; maintenance fees were abolished by the AIA
- (B) A utility patent issued from an application filed in 2019
- (C) A design patent issued in 2022
- (D) A plant patent issued in 2021
- (E) A design patent reissued in 2020
Show the answer
(B) A utility patent issued from an application filed in 2019. Maintenance fees apply to utility patents issued from applications filed on or after 12 December 1980. Design and plant patents, and reissues of them, carry no maintenance fees.
Where to find it: MPEP 2504; 35 U.S.C. 41(b)
Question 29 · Maintenance fees · MPEP 2500
A utility patent issued on 11 April 2025. When may the first maintenance fee be paid without a surcharge?
- (A) From 11 April 2028 to 11 October 2028
- (B) From 11 October 2028 to 11 April 2029
- (C) From 11 April 2028 to 11 April 2029
- (D) Only on 11 October 2028
- (E) Any time before 11 April 2030
Show the answer
(A) From 11 April 2028 to 11 October 2028. The first fee is due 3½ years after grant. It may be paid without surcharge in the six months before that date (from 3 years to 3½ years after grant), and with a surcharge during the six-month grace period after it.
Where to find it: MPEP 2506; 37 CFR 1.362(d), (e)
Question 30 · Design patents · MPEP 1500
A design patent issues from an application filed in June 2023. What is its term?
- (A) 14 years from the date of grant
- (B) 20 years from the date of grant
- (C) 20 years from the filing date
- (D) 15 years from the date of grant
- (E) 15 years from the filing date
Show the answer
(D) 15 years from the date of grant. For design applications filed on or after 13 May 2015, the term is 15 years from grant (35 U.S.C. 173). Earlier design applications had 14 years. Design patents have no maintenance fees.
Where to find it: MPEP 1505; 35 U.S.C. 173
Question 31 · Reissue · MPEP 1400
A patent issued on 10 March 2024. The owner wants a reissue that broadens the claims. What is the deadline?
- (A) The reissue application must be filed within two years of grant: by 10 March 2026
- (B) Within two years of the original filing date
- (C) There is no deadline for a broadening reissue
- (D) Within nine months of grant
- (E) Within one year of grant
Show the answer
(A) The reissue application must be filed within two years of grant: by 10 March 2026. Under 35 U.S.C. 251(d) no reissue enlarging the scope of the claims may be granted unless applied for within two years of the original patent’s grant.
Where to find it: MPEP 1412.03; 35 U.S.C. 251(d)
Question 32 · Ex parte reexamination · MPEP 2200
A competitor wants ex parte reexamination of an issued patent. On which of the following can the request be based?
- (A) A sworn statement that the patentee committed inequitable conduct
- (B) An argument that the claims are directed to an abstract idea
- (C) Evidence that the invention was in public use before the effective filing date
- (D) Prior patents and printed publications raising a substantial new question of patentability
- (E) Evidence that the claims lack written description support
Show the answer
(D) Prior patents and printed publications raising a substantial new question of patentability. Ex parte reexamination is limited to substantial new questions of patentability based on patents and printed publications (35 U.S.C. 301, 302). Public use, 112 and 101 issues are not grounds for ordering it.
Where to find it: MPEP 2209, 2216, 2217; 35 U.S.C. 302
Question 33 · AIA trials · MPEP TPG
Which statement about inter partes review (IPR) is correct?
- (A) A petitioner may challenge claims only under 35 U.S.C. 102 or 103, and only on the basis of prior art patents or printed publications
- (B) Only the patent owner may file an IPR petition
- (C) An IPR may be based on evidence of prior public use or sale
- (D) A petitioner may raise any ground of invalidity, including 101 and 112
- (E) An IPR petition must be filed within nine months of the patent’s grant
Show the answer
(A) A petitioner may challenge claims only under 35 U.S.C. 102 or 103, and only on the basis of prior art patents or printed publications. 35 U.S.C. 311(b) limits IPR grounds to 102 and 103 on patents and printed publications. Post-grant review, by contrast, allows any invalidity ground but must be filed within nine months of grant (35 U.S.C. 321).
Where to find it: Consolidated Trial Practice Guide (Nov 2019); 35 U.S.C. 311(b), (c); 321(c)
Question 34 · Derivation · MPEP 2300
An applicant believes another party’s earlier-filed application claims an invention derived from the applicant. When must a petition to institute a derivation proceeding be filed?
- (A) Within nine months of the other party’s filing date
- (B) Within one year of the first publication of a claim to the invention that is the same or substantially the same as the earlier application’s claim
- (C) Within two years of the applicant’s own filing date
- (D) Within six months of the first Office action
- (E) At any time before the other party’s patent expires
Show the answer
(B) Within one year of the first publication of a claim to the invention that is the same or substantially the same as the earlier application’s claim. 35 U.S.C. 135(a)(2) requires the derivation petition to be filed within one year after the first publication of a claim to an invention that is the same or substantially the same as the earlier application’s claim.
Where to find it: MPEP 2310; 35 U.S.C. 135(a)
Question 35 · Appeals · MPEP 1200
An applicant files a notice of appeal to the Patent Trial and Appeal Board. When is the appeal brief due, absent any extension?
- (A) Within two months from the date the notice of appeal was filed
- (B) Within six months from the notice of appeal
- (C) Within one month from the notice of appeal
- (D) At the oral hearing
- (E) Within three months from the date of the final rejection
Show the answer
(A) Within two months from the date the notice of appeal was filed. 37 CFR 41.37(a) sets two months from the filing of the notice of appeal. Extensions under 37 CFR 1.136(a) are available.
Where to find it: MPEP 1205; 37 CFR 41.37(a)
Question 36 · Small entity status · MPEP 2700
An applicant paid fees as a small entity. It then grants a license to a large company, so it no longer qualifies. When must it notify the USPTO of the loss of entitlement?
- (A) When paying the next fee after the status changes (the issue fee or any maintenance fee due after the change)
- (B) Within 30 days of the license
- (C) Never; small entity status cannot be lost once established
- (D) Within one year of the license
- (E) Only when the patent expires
Show the answer
(A) When paying the next fee after the status changes (the issue fee or any maintenance fee due after the change). Under 37 CFR 1.27(g) the notification of loss of entitlement is due before or at the time of paying the earliest issue fee or maintenance fee due after the date on which status changed.
Where to find it: MPEP 509.02, 509.03; 37 CFR 1.27(g)
Duty of candour and ethics
Question 37 · Duty of disclosure · MPEP 2000
Who owes the duty of candor and good faith, including the duty to disclose information material to patentability, under 37 CFR 1.56?
- (A) Only the assignee
- (B) Everyone at the assignee company, including clerical staff
- (C) Only the patent attorney or agent of record
- (D) Only the inventors
- (E) Each inventor, each attorney or agent who prepares or prosecutes the application, and every other person substantively involved who is associated with the inventor, the applicant, an assignee, or anyone to whom there is an obligation to assign
Show the answer
(E) Each inventor, each attorney or agent who prepares or prosecutes the application, and every other person substantively involved who is associated with the inventor, the applicant, an assignee, or anyone to whom there is an obligation to assign. Rule 1.56(c) lists inventors, attorneys and agents who prepare or prosecute the application, and others substantively involved in preparation or prosecution who are associated with the inventor, the applicant, an assignee or anyone to whom there is an obligation to assign the application.
Where to find it: MPEP 2001.01; 37 CFR 1.56(c)
Question 38 · Client funds · MPEP Ethics
A registered patent agent receives a client’s advance payment for USPTO fees that will be paid later. Under the USPTO Rules of Professional Conduct, how must the agent hold it?
- (A) In a separate account, apart from the agent’s own property
- (B) In the agent’s business operating account
- (C) In cash in the office safe
- (D) In the agent’s personal account, with a ledger entry
- (E) Any way, as long as the client is told
Show the answer
(A) In a separate account, apart from the agent’s own property. 37 CFR 11.115(a) requires a practitioner to hold client property separately from the practitioner’s own, with client funds kept in a separate account.
Where to find it: 37 CFR 11.115(a)
Question 39 · Confidentiality · MPEP Ethics
Under 37 CFR 11.106, a practitioner may reveal information relating to the representation of a client without the client’s consent in which situation?
- (A) Whenever another practitioner asks for it
- (B) Whenever the information is already in the practitioner’s files
- (C) To attract new clients by describing the client’s invention
- (D) To the extent reasonably necessary to prevent reasonably certain death or substantial bodily harm
- (E) Never, under any circumstances
Show the answer
(D) To the extent reasonably necessary to prevent reasonably certain death or substantial bodily harm. Rule 11.106(b) permits limited disclosure in listed situations, the first being to prevent reasonably certain death or substantial bodily harm. Confidential information may not be used to attract clients.
Where to find it: 37 CFR 11.106(b)(1)
Question 40 · Conflicts of interest · MPEP Ethics
A practitioner has a concurrent conflict of interest under 37 CFR 11.107. Which condition must be met, among others, before the practitioner may continue the representation?
- (A) The practitioner charges both clients a reduced fee
- (B) One client agrees verbally on behalf of both
- (C) Each affected client gives informed consent, confirmed in writing
- (D) The practitioner notifies the Office of Enrollment and Discipline
- (E) No condition; conflicts are allowed in patent matters
Show the answer
(C) Each affected client gives informed consent, confirmed in writing. Rule 11.107(b) allows the representation only if the practitioner reasonably believes competent and diligent representation is possible, it is not prohibited by law, it does not involve one client asserting a claim against another in the same proceeding, and each affected client gives informed consent, confirmed in writing.
Where to find it: 37 CFR 11.107(b)
Pass rates: how hard the exam is
USPTO Registration exam results and statistics page, read 18 October 2026.
Fewer than half pass in a typical year, and the number sitting has risen each year since FY2022. The questions that trip people are rarely obscure: they turn on a deadline counted from the wrong date, a rule that applies to utility but not design applications, or a pre-AIA rule remembered as current. All three kinds are in the set above.
What to do next
Read what the exam tests for the four source documents and the 29 MPEP chapters, the fees ($565 an attempt) and scoring and retakes. Nothing on this page is legal or immigration advice. For your own case, write to OED (OED@uspto.gov), and on visas speak to a US immigration lawyer.
Frequently asked questions
Are these real USPTO patent bar questions?
No. They are original questions written by ProSyllabus against MPEP Revision 01.2024 and the other source materials. Real exam questions are covered by a non-disclosure agreement that every candidate signs.
How many questions are on the patent bar exam?
100 multiple-choice questions with five choices each, of which 90 are scored. Ten are unidentified beta questions.
What score do you need to pass the patent bar?
63 of the 90 scored questions, which is 70%.
How long is the patent bar exam?
Six hours: a three-hour morning session of 50 questions and a three-hour afternoon session of 50.
Which MPEP revision is tested in 2026?
The Ninth Edition, Revision 01.2024, published November 2024, as named on the USPTO source-materials list last updated 29 May 2026.
Is the patent bar open book?
The source materials, including the MPEP, are available on the exam computer with external links redacted. You cannot bring your own notes.
What is the patent bar pass rate?
46% in FY2026, from 2,309 exams, according to the USPTO statistics page.
Does the exam include ethics questions?
It may. The General Requirements Bulletin includes the standards of ethical and professional conduct, and the USPTO Rules of Professional Conduct are in 37 CFR Part 11.
Can I take the patent bar from India?
Not if you are a non-US citizen living outside the US: the USPTO does not administer the exam to aliens who do not reside in the United States.
Sources
- official — USPTO — Registration examination page (last updated 29 Sep 2026): exam updated 23 Sep 2026; 180-day scheduling window "until further notice"; 100 questions, 90 scored, 63 of 90 to pass; 10 unscored beta questions
- official — USPTO OED — "Source materials for the questions and answers on the registration examination" (last updated 29 May 2026): MPEP 9th ed. Rev. 01.2024 (published Nov 2024), Consolidated Trial Practice Guide (Nov 2019), 2013 representation-of-others final rules, Global/IP5 PPH notice; external links redacted in the exam (PDF)
- official — USPTO source-materials list as captured by the Wayback Machine on 1 Feb 2025 (list updated 19 Nov 2024): "beginning September 18, 2023", MPEP 9th ed. Rev. 07.2022 (PDF)
- official — USPTO — MPEP index page: current MPEP is the 9th Edition, Revision 01.2024, published Nov 2024 and "up-to-date as of January 31, 2024"; list of 29 chapters; "Subsequent Publications" listing current as of 20 Jul 2026
- official — USPTO OED — General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases, "Issued August 2026" (PDF created 11 Aug 2026): section III (Categories A-D, eligibility of aliens), IV-VII (application, fees, review), IX-XI (the examination, test administration, reapplying), XIV (after passing)
- official — USPTO — Consolidated Trial Practice Guide, November 2019 (source material 2)
- official — USPTO — Fee schedule, patent enrollment fees under 37 CFR 1.21(a) ("Effective January 19, 2025", "Last revised August 14, 2026"): including certificates of good standing $43/$54, change of address $75, delinquency fee $54, administrative reinstatement $226
- official — USPTO — Registration exam results and statistics (read 18 Oct 2026): FY2026, 2,309 exams, 46% pass
official = a document published by the conducting body. reported = a news or coaching site we could not check against an original. Where sources disagree this page says so rather than picking one.
