Nexus Concordat
🔥 Top 50 MPEP Sections
Most Frequently Tested on Patent Bar Exam
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Fractured Crown: The Core of Athelia's Authority

The MPEP contains thousands of sections—thousands of pages of procedure, interpretation, and guidance. But when Athelia completed the download at Walnut Canyon, certain sections burned brighter than others, weighted by their frequency in examination challenges.

These Top 50 MPEP sections represent the core of her authority as Guardian Queen Examiner. Master these, and you command 90% of patent prosecution. Miss these, and you'll fumble through the exam, guessing at procedures you should know cold.

Critical Priority (Top 10): These sections appear 8-15 times per exam. MPEP 2106 (§ 101 eligibility), MPEP 2141 (§ 103 obviousness), MPEP 2163 (§ 112 written description), MPEP 2164 (§ 112 enablement)—these are Athelia's primary weapons. If you know nothing else, know these.

High Priority: Sections that appear 4-7 times per exam. Continuation practice, priority claims, office action responses, appeals procedures. Essential knowledge for any examiner.

Medium Priority: The supporting cast—sections that appear 2-4 times per exam. Important for comprehensive understanding, but not the foundation.

This page is your battle plan. Start at the top (Critical Priority) and work down. Read each section. Understand each concept. Practice until you can cite section numbers from memory.

By November 26, these 50 sections must be burned into your mind as deeply as they were burned into Athelia's during the download. This is non-negotiable.

🚨 Critical Priority - Master These First

MPEP 2106
Patent Subject Matter Eligibility [R-10.2019]
Alice/Mayo two-part test for § 101 eligibility. Abstract ideas, laws of nature, natural phenomena exceptions. Determining if claim is directed to judicial exception and whether it provides significantly more.
35 USC § 101 ⭐ 8-10 questions per exam

Key Concepts:

  • Step 1: Statutory category (process, machine, manufacture, composition)
  • Step 2A (Prong 1): Directed to judicial exception?
  • Step 2A (Prong 2): Integrated into practical application?
  • Step 2B: Significantly more than exception itself?
  • Practical application: improvements to technology, particular machine, transformation
MPEP 2131-2144
Anticipation and Obviousness Rejections
§ 102 novelty (every element must be disclosed in single prior art reference, arranged as claimed). § 103 obviousness (Graham factors, KSR flexible approach, motivation to combine).
35 USC § 102 35 USC § 103 ⭐ 12-15 questions per exam

Key Concepts:

  • § 102: Anticipation requires ALL elements in single reference
  • Inherency: Necessarily present, even if not recognized
  • § 103 Graham factors: scope/content of prior art, differences, level of ordinary skill, secondary considerations
  • KSR: Ordinary innovation, obvious to try, design incentives, common sense
  • Teaching away: Reference discourages claimed combination
MPEP 2161-2165
Written Description Requirement
§ 112(a) written description: Must show possession of claimed invention at time of filing. Particularly important for amendments adding new claims, priority claims, continuation practice.
35 USC § 112(a) ⭐ 5-7 questions per exam

Key Concepts:

  • Must describe what is claimed, not just enable it
  • Test: would PHOSITA recognize applicant had possession?
  • Genus claims: representative species, structural features, other methods sufficient to disclose genus
  • New claims added after filing: must have written description support
  • Original claim language creates strong presumption of support
MPEP 706
Rejection of Claims
How to make proper rejections. Prima facie case requirements. Burden of proof. Examiner must establish reasonable basis. Applicant's burden to show error in rejection.
35 USC § 132 ⭐ 4-6 questions per exam

Key Concepts:

  • Examiner must establish prima facie case (initial burden)
  • Burden shifts to applicant to show error or amend
  • Rejection must be clear enough for applicant to respond
  • Preponderance of evidence standard
  • Broadest reasonable interpretation (BRI) of claims
MPEP 714-715
Responses, Amendments, and Final Rejections
Response requirements, amendment practice, reply time periods, after-final amendments, entry standards, RCE practice.
35 USC § 132 37 CFR 1.111-1.116 ⭐ 6-8 questions per exam

Key Concepts:

  • 3-month statutory period + 3 months extensions (fees required)
  • After-final amendments: must not require further search/consideration
  • RCE: Request for Continued Examination (§ 132(b))
  • RCE reopens prosecution, creates new grounds for rejection
  • Final rejection: Second or subsequent rejection on same grounds
MPEP 211
Filing Date Requirements
Minimum requirements for filing date under § 111. Specification (description + at least one claim), drawings if necessary, inventor information.
35 USC § 111 35 USC § 119 ⭐ 3-5 questions per exam

Key Concepts:

  • § 111(a) non-provisional: spec + claim, drawings (if necessary)
  • § 111(b) provisional: spec, drawings (if necessary) - NO CLAIMS required
  • Missing parts: 2-month period to submit (not extendable)
  • Benefit claim to earlier filing: must file before parent issues/abandons
  • Priority: foreign (12 months), provisional (12 months), PCT (30 months)
MPEP 804-806
Restriction Between Independent and Distinct Inventions
When restriction is proper. Independent inventions vs. distinct inventions. Election with/without traverse. Divisional applications and § 121 safe harbor.
35 USC § 121 37 CFR 1.141-1.146 ⭐ 4-6 questions per exam

Key Concepts:

  • Independent: unrelated inventions (different statutory classes)
  • Distinct: related but patentably distinct (lack unity of invention)
  • Two-part test: (1) Inventions distinct? (2) Serious burden if examined together?
  • Election required within shortened statutory period
  • § 121 safe harbor: proper divisional immune from double patenting
MPEP 1205-1216
Appeals to PTAB
Notice of appeal requirements, appeal brief content and timing, examiner's answer, reply brief, oral hearing, PTAB review standards.
35 USC § 134 37 CFR 41.31-41.47 ⭐ 5-7 questions per exam

Key Concepts:

  • Notice of Appeal: within 6 months of Final Rejection
  • Appeal Brief: within 2 months of Notice (must comply with 37 CFR 41.37)
  • Examiner's Answer: If new ground, applicant may reopen or maintain appeal
  • Reply Brief: optional, within 2 months of Answer
  • Oral hearing: must request in brief or within 2 months of answer
MPEP 1412-1416
Reissue Applications
Correcting errors in issued patents. Broadening vs. narrowing reissue. 2-year rule for broadening. Intervening rights. Reissue oath requirements.
35 USC § 251 35 USC § 252 ⭐ 3-5 questions per exam

Key Concepts:

  • Broadening reissue: Must file within 2 years of patent grant
  • Narrowing reissue: Anytime during patent term
  • Error requirement: Without deceptive intent
  • Intervening rights: § 252 protects those who relied on original patent
  • Reissue oath: Must identify error and claim arose from error
MPEP 2173-2174
Enablement and Best Mode
§ 112(a) enablement: PHOSITA must be able to make and use invention without undue experimentation. Best mode: inventor must disclose best mode known at filing (no longer grounds for invalidity post-AIA).
35 USC § 112(a) ⭐ 4-6 questions per exam

Key Concepts:

  • Enablement: How to make and use full scope of claimed invention
  • Wands factors: breadth of claims, nature of invention, state of art, level of detail, amount of experimentation
  • Undue experimentation: Not just "some" experimentation, but undue amount
  • Best mode: Subjective (did inventor have best mode?) + objective (disclosed?)
  • Post-AIA: Best mode not grounds for invalidity (only inequitable conduct)

🔥 High Priority - Study These Next

MPEP 201-201.14
Types of Applications and Status Information
Provisional, non-provisional, design, plant, reissue, PCT national stage, continuation, divisional, CIP applications.
3-4 questions
MPEP 601-601.05
Specification Content Requirements
Title, cross-references, background, summary, brief description of drawings, detailed description, claims, abstract.
3-4 questions
MPEP 608
Disclosure Requirements
Completeness of specification, incorporation by reference, material that may be incorporated, nucleotide/amino acid sequences.
2-3 questions
MPEP 706.02
Grounds for Rejecting Claims
§ 101, 102, 103, 112 rejections. Double patenting. Improper markush groups. Aggregation.
4-5 questions
MPEP 706.03
Form Paragraphs and Examiner's Actions
Non-final vs. final actions, advisory actions, Ex parte Quayle actions, notice of allowance.
2-3 questions
MPEP 707-707.07
Double Patenting
Statutory (same invention twice) vs. obviousness-type double patenting. Terminal disclaimers. § 121 safe harbor for divisionals.
3-4 questions
MPEP 710-710.02
Publication and Redacted Publication
18-month publication, nonpublication requests, redaction of identifying information, provisional rights.
2-3 questions
MPEP 711-711.03
Examiner Interview Practice
When interviews permitted, telephonic vs. in-person, pre-first action interviews, summary requirements.
1-2 questions
MPEP 713-713.09
Priority, Inventorship, and Time Periods
Response time periods, extensions of time, expiration on weekend/holiday, petition to revive, priority document exchange.
4-5 questions
MPEP 1893-1894
National Stage Entry from PCT
30-month deadline, requirements for entry, fees, English translation, amendments during national stage.
3-4 questions
MPEP 2111-2116
Claim Interpretation and § 112(f) Means-Plus-Function
Broadest reasonable interpretation, means-plus-function claiming under § 112(f), claim differentiation doctrine.
3-4 questions
MPEP 2121-2129
Novelty and Loss of Right to Patent
§ 102 prior art categories, on-sale bar, public use, printed publications, grace period exceptions, AIA vs. pre-AIA.
5-6 questions
MPEP 2141-2144.08
Obviousness - Combining Prior Art
Motivation to combine, teaching away, obvious to try, KSR rationales, secondary considerations (commercial success, long-felt need).
6-7 questions
MPEP 2163-2165
Guidelines for Examination Under § 112
Written description, enablement, definiteness under § 112(b), antecedent basis, functional language.
4-5 questions
MPEP 1302-1308
Reexamination Proceedings
Ex parte reexamination, substantial new question of patentability, who may file, estoppel, amendments during reexam.
2-3 questions
MPEP 2258-2259
Inter Partes Review (IPR) and Post-Grant Review (PGR)
IPR (§§ 102/103 only), PGR (any invalidity ground within 9 months), institution standards, estoppel effects.
3-4 questions
MPEP 1504-1505
Design Patent Practice
Design patent claim format, drawing requirements, ornamentality, functionality, design term (15 years from grant for AIA).
2-3 questions
MPEP 1601-1608
Plant Patent Practice
Asexually reproduced plants, claim format, description requirements, distinctness.
1-2 questions
MPEP 2001-2015
Duty of Disclosure and Information Disclosure Statements
37 CFR 1.56 duty of disclosure, materiality, IDS timing and content requirements, sanctions for inequitable conduct.
3-4 questions
MPEP 724-724.05
Continuation, Divisional, and CIP Practice
Copendency requirements, § 120 benefit claims, CIP priority (old matter vs. new matter), divisional safe harbor.
4-5 questions

📖 Medium Priority - Review After Mastering Above

MPEP 301-306
Ownership, Assignments, and Recording
Assignment recordation, assignment for security, recording requirements, certificates of correction.
1-2 questions
MPEP 1008-1011
Fees and Small/Micro Entity Status
Fee amounts, small entity (< 500 employees), micro entity requirements, refunds.
2-3 questions
MPEP 1450-1458
Correction of Patents - Certificates of Correction
Minor errors, USPTO errors vs. applicant errors, fees, timing.
1-2 questions
MPEP 608.01(n)
Nucleotide and Amino Acid Sequence Disclosures
Sequence listings, computer readable form (CRF), when required, format requirements.
1 question
MPEP 202-202.02
Deposit Accounts and Payment Methods
USPTO deposit accounts, credit card payments, check payments, authorization to charge fees.
1 question
MPEP 503-505
Application Number, Filing Receipt, and Filing Date Corrections
Application numbering system, filing receipts, correcting filing date.
1 question
MPEP 602-602.09
Title and Abstract Requirements
Descriptive title, abstract content (150 words max), technical field.
1 question
MPEP 707.05(a)
Terminal Disclaimers
When required, form and content, common ownership requirement, effect on patent term.
2-3 questions
MPEP 720-720.02
Interference Proceedings (Pre-AIA)
Derivation proceedings (AIA), interference practice for pre-AIA applications, priority contests.
0-1 questions
MPEP 1301-1302
Protest and Pre-Issuance Submissions
Third-party submissions under § 122(e), timing, content requirements, consideration by examiner.
1-2 questions
MPEP 1480-1490
Patent Term Extension and Adjustment
PTA (§ 154(b) prosecution delays), PTE (§ 156 FDA regulatory review), calculation methods.
2-3 questions
MPEP 608.01(i)
Computer Program Listing Appendix
When required, format (ASCII text file), incorporation by reference.
0-1 questions
MPEP 506-507
Continuation Sheet and Provisional Cover Sheet Requirements
Proper format for continuation sheets, cover sheet for provisional applications.
1 question
MPEP 605-605.01
Drawings and Deposit of Biological Material
Drawing requirements, deposit of biological materials, ATCC deposits, Budapest Treaty.
1-2 questions
MPEP 806.05
Restriction Between Combination and Subcombination
Three-way test: (1) inventions distinct, (2) subcombination has utility by itself, (3) combination doesn't require subcombination as claimed.
2 questions
MPEP 2710-2730
Ex Parte Reexamination Specifics
SNQ determination, requester participation limits, amendments, claims scope.
1-2 questions
MPEP 1481-1482
Patent Term and Maintenance Fees
20-year term from filing, maintenance fees (3.5, 7.5, 11.5 years), grace periods, expiration.
2 questions
MPEP 608.02
Cross-References to Related Applications
Proper format for claiming benefit/priority, application data sheet, incorporation by reference.
1-2 questions
MPEP 2001.06
Materiality and Standard for Inequitable Conduct
But-for materiality (Therasense), intent to deceive, burden of proof, consequences of inequitable conduct.
1-2 questions
MPEP 2001.05
Submission of Information Disclosure Statement (IDS)
Timing (within 3 months of filing, before first OA, or with timely response), form PTO/SB/08, fees if late.
2-3 questions