MASTERING THE PATENT BAR EXAM

⚔️ THE TRUTH ABOUT THE PATENT BAR EXAM ⚔️

The Patent Bar is NOT a memory test. It's a navigation test.

You have the entire MPEP, USPTO rules, and Title 35 available during the exam. The challenge is finding the right answer fast enough across 100 questions in 6 hours.

This chapter teaches you how to turn the MPEP from a 3,000-page monster into your most powerful weapon.

1. STATUTES (35 U.S.C.) — HIGHEST AUTHORITY

• Enacted by Congress
• Cannot be overridden by rules or MPEP
• If the statute says it, that's the answer
• Exam tip: When in doubt, cite the statute

2. REGULATIONS (37 CFR) — SECOND AUTHORITY

• Promulgated by USPTO under statutory authority
• Must be consistent with statutes
• Binding on examiners and applicants
• Exam tip: If statute is silent, check regulations

3. MPEP (Manual of Patent Examining Procedure) — GUIDANCE

• Internal USPTO guidelines
• NOT binding law, but persuasive authority
• Explains how to apply statutes and regulations
• Exam tip: MPEP is your friend for finding procedures, but cite statutes/regulations when possible

4. CASE LAW — INTERPRETIVE AUTHORITY

• Supreme Court decisions control interpretation
• Federal Circuit interprets patent statutes
• PTAB decisions on specific issues
• Exam tip: Know major cases (Alice, Mayo, KSR, eBay) but don't need to memorize citations

STEP 1: Read the question and identify the ISSUE

What is the question actually asking about?

STEP 2: Extract 2-3 keywords from the question

Examples:

• "restriction requirement" → Search MPEP for "restriction"
• "divisional application filing deadline" → Search "divisional" + "deadline"
• "secrecy order rescission" → Search "secrecy order"
• "office action response time" → Search "office action" + "time period"

STEP 3: Use Ctrl+F in the MPEP PDF

• Type your keyword in the search box
• Look for exact matches first
• If too many results, add a second keyword to narrow
• Jump to relevant sections using "Next" button

STEP 4: Scan the section headings

MPEP sections have clear headings. If the heading matches your question topic, you're in the right place.

Question: "An applicant received a restriction requirement. How long does the applicant have to make an election?"

Keywords: "restriction requirement" + "election"

Search strategy: Ctrl+F → "restriction requirement election" → Jump to MPEP § 818.03

Answer location: MPEP § 818.03(a) states election must be made in reply to restriction requirement (no separate time period—follows normal office action response time).

1. PROXIMITY SEARCH (AND operator)

Search for: "restriction" AND "divisional"

Finds pages where BOTH words appear, narrowing results.

2. PHRASE SEARCH (exact match)

Search for: "notice of allowance" (with quotes)

Finds exact phrase, not scattered words.

3. WILDCARD SEARCH

Search for: applic*

Finds "application," "applicant," "applicable," etc.

4. SECTION NUMBER SEARCH

If answer choices cite MPEP sections, search directly: MPEP 706.02

Jump to that section, read the first paragraph—answer is usually there.

5. STATUTE/REGULATION SEARCH

Search for: 35 U.S.C. 121 or 37 CFR 1.53

Finds where MPEP discusses that specific law.

1. "See MPEP § [number]" → DIRECT REFERENCE

The answer is in that other section. Jump there immediately.

2. "For more information, see MPEP § [number]" → SUPPLEMENTAL INFO

Current section has basic answer, other section has details. Only follow if you need more.

3. "In accordance with 37 CFR 1.xx" → REGULATORY CITATION

The MPEP is explaining a regulation. If the question asks what's "required," cite the regulation, not the MPEP.

4. "Pursuant to 35 U.S.C. § xx" → STATUTORY CITATION

Highest authority. If the statute is cited, that's your answer source.

EASY QUESTIONS (you know immediately): 1-2 minutes

• Answer, move on
• Build time bank for harder questions

MEDIUM QUESTIONS (need to look up): 3-4 minutes

• Extract keywords
• Search MPEP
• Find answer, verify
• Mark and move on

HARD QUESTIONS (long fact patterns, complex): 5-6 minutes

• Read carefully
• Identify multiple issues
• Look up each component
• Eliminate wrong answers systematically

IF STUCK (can't find answer after 6 minutes): MARK AND MOVE ON

• Flag the question
• Make your best guess
• Come back if time remains
• Don't let one question kill your score

TRAP 1: "ALWAYS" and "NEVER" answers

Patent law has many exceptions. If an answer says "always" or "never," it's usually wrong.

Exception: If the statute explicitly says "shall" or "must," then "always" may be correct.

TRAP 2: Mixing up time periods

3 months vs. 6 months, 1 year vs. 20 years. Double-check dates in the question.

TRAP 3: Pre-AIA vs. AIA rules

Questions will specify the filing date. Check whether it's pre-March 16, 2013 or post. Different rules apply.

TRAP 4: "What MUST the applicant do" vs. "What CAN the applicant do"

"MUST" = required (statute/regulation). "CAN" = option (strategic choice).

TRAP 5: Answer choices that cite wrong authority

An answer might cite MPEP when the statute controls, or vice versa. Verify the authority level.

DO:

• ✅ Review your MPEP chapter number cheat sheet
• ✅ Practice 5-10 search queries in the MPEP PDF
• ✅ Review hierarchy of authority (statute > regulation > MPEP)
• ✅ Get a full night's sleep
• ✅ Eat a good breakfast with protein
• ✅ Arrive early to test center

DON'T:

• ❌ Try to memorize the entire MPEP
• ❌ Stay up all night cramming
• ❌ Drink excessive caffeine (you'll crash mid-exam)
• ❌ Panic about what you don't know—trust your navigation skills

Remember This:

You are not being tested on whether you've memorized patent law.

You are being tested on whether you can find the answer when it matters.

Every patent attorney in practice does exactly what you're about to do on this exam: look it up.

The MPEP is your weapon. The search bar is your sword. The Table of Contents is your map.

You've trained for this. Now go conquer it.