When a patent examiner issues a 35 U.S.C. 101 rejection under Step 2B of the subject matter eligibility analysis based on a 'tentative abstract idea' that does not fall within any of the abstract idea groupings discussed in MPEP § 2106.04(a)(2), which of the following is required?

A. The rejection must use form paragraph 7.05.017 in place of form paragraphs 7.04.01 and 7.05, signed solely by the Primary Examiner.

B. The examiner must issue a rejection under 35 U.S.C. 112(a) for indefiniteness rather than a 35 U.S.C. 101 rejection.

C. The application must be automatically referred to the Patent Trial and Appeal Board (PTAB) prior to issuing the Office Action.

D. The rejection must use form paragraph 7.05.017 in addition to form paragraphs 7.04.01, 7.05, and 7.05.016, and include the TC Director's signature.

According to the MPEP guidance on patent eligibility (35 U.S.C. 101), which of the following statements is CORRECT regarding an examiner's evaluation of additional elements under Step 2B?

A. Every single consideration listed in MPEP 2106.05(a)-(h) must be relevant and evaluated for every element in every claim.

B. The evaluation in Step 2B is not a weighing test, and it is not important how many considerations apply, but rather whether the additional elements encompass an inventive concept.

C. The evaluation in Step 2B requires a strict weighing test where the examiner must tally the number of applicable considerations listed in MPEP 2106.05(a)-(h).

D. Examiners must ignore all conclusions previously reached in Step 2A Prong Two and re-analyze the additional elements entirely from scratch in Step 2B.

Under pre-AIA 35 U.S.C. 102(e), an international application filed under the Patent Cooperation Treaty (PCT) has the prior art effect of an application filed in the United States only if which of the following conditions are satisfied?

A. The international application designated the United States, regardless of the language in which it was published.

B. The international application entered the U.S. national phase under 35 U.S.C. 371 and paid the national fee.

C. The international application designated the United States and was published under PCT Article 21(2) in the English language.

D. The international application was filed in the U.S. Receiving Office (RO/US), regardless of publication language.

According to MPEP § 2120.02, a rejection under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or (b) regarding knowledge by others, public use, or placement of the invention on sale may be established by which of the following?

A. Prior art patents and printed publications exclusively, as examiner personal knowledge cannot form the basis of a rejection.

B. Only testimony provided under oath in a formal interference or derivation proceeding.

C. Only documentary evidence submitted by third parties through a 37 CFR 1.291 protest.

D. An applicant admission, evidence submitted of sale or knowledge of the invention by others, or the examiner's personal knowledge that the invention was sold by applicant or known by others.

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According to MPEP § 2106.05(a), when an examiner evaluates whether a claim provides an improvement to the functioning of computers or to another technology, how should the examiner analyze the 'improvements' consideration during examination?

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MPEP Chapter 2200 & 35 U.S.C. §§ 301–307

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According to MPEP § 2106.05(a), when an examiner evaluates whether a claim provides an improvement to the functioning of computers or to another technology, how should the examiner analyze the 'improvements' consideration during examination?

When a patent examiner issues a 35 U.S.C. 101 rejection under Step 2B of the subject matter eligibility analysis based on a 'tentative abstract idea' that does not fall within any of the abstract idea groupings discussed in MPEP § 2106.04(a)(2), which of the following is required?

According to the MPEP guidance on patent eligibility (35 U.S.C. 101), which of the following statements is CORRECT regarding an examiner's evaluation of additional elements under Step 2B?

Under pre-AIA 35 U.S.C. 102(e), an international application filed under the Patent Cooperation Treaty (PCT) has the prior art effect of an application filed in the United States only if which of the following conditions are satisfied?

According to MPEP § 2120.02, a rejection under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or (b) regarding knowledge by others, public use, or placement of the invention on sale may be established by which of the following?

Under pre-AIA 35 U.S.C. 102(b), which of the following actions constitutes a statutory "sale" of a claimed process?

Under USPTO policy, how is matter treated that was canceled from a U.S. patent application prior to issuance or publication, and thus did NOT get published in the issued patent or patent application publication?

Based on the MPEP discussion of Agrizap, Inc. v. Woodstream Corp., which of the following principles regarding obviousness and prior art is correctly demonstrated by the case?

According to MPEP § 2140, what procedural recourse does an applicant have if Office personnel fail to follow internal USPTO examination guidelines regarding obviousness?

According to the MPEP guidelines for rejections under pre-AIA 35 U.S.C. 103(a) relying upon prior art under pre-AIA 35 U.S.C. 102(e), under what condition should pre-AIPA 35 U.S.C. 102(e) be used to determine the prior art date of a reference?

Under USPTO practice regarding claim clarity and antecedent basis, which of the following statements is CORRECT?

According to USPTO guidance on claim interpretation regarding 35 U.S.C. 112(f), how are non-traditional terms such as 'code' and 'application' evaluated when determining if a claim limitation invokes 35 U.S.C. 112(f)?

Regarding the best mode requirement under 35 U.S.C. 112 following the Leahy-Smith America Invents Act (AIA) amendments effective September 16, 2011, which of the following statements correctly describes USPTO patent examination practice?

Under MPEP § 2173.05(b), which of the following statements is correct regarding the use of relative terminology (including terms of degree) in a patent claim?

According to the MPEP, when an applicant files an amendment under 37 CFR 1.312, when is the amendment officially entered into the application file?

According to 37 CFR 1.112, after an applicant or patent owner replies to an Office action, they may reply to a subsequent Office action (with or without amendment) in the manner provided in 37 CFR 1.111 or 37 CFR 1.945, UNLESS which of the following applies?

According to the provided text, the main conditions precedent to the grant of a patent to an applicant are set forth in which sections of Title 35 of the United States Code?

According to USPTO practice and relevant case law cited in the MPEP (In re Eickmeyer), what is the primary purpose of filing an affidavit or declaration under 37 CFR 1.131?

According to 37 CFR 1.121, once a paragraph or section of a specification has been amended in a first amendment document, how must that paragraph or section be handled in a subsequent amendment document?

An amendment filed in a non-final patent application is signed by only one of two joint inventors, and the signing inventor has not been granted a power of attorney by the other inventor. According to MPEP § 714.01(a), how will the USPTO examiner handle this amendment?

When citing a book obtained on an interlibrary loan as a non-patent document during examination, how should the call number of the lending library marked on the book be handled?

According to the MPEP provisions regarding a petition to restore the right of priority when a subsequent application is not filed within the twelve-month period, which of the following is required?

Under MPEP § 201.06(d), if a terminal disclaimer was filed in a parent application, it automatically carries over to a Continued Prosecution Application (CPA). If the applicant does NOT want the terminal disclaimer to carry over to the CPA, what action must the applicant take?

If OPAP determines that a nonprovisional patent application is entitled to a filing date, but the application as filed is not complete because it is missing the required fees or inventor's oath or declaration, which of the following actions will OPAP take?

For a non-provisional patent application filed on or after December 18, 2013, which of the following correctly describes the requirement of including a drawing to receive a filing date?

An applicant files a continuing application on October 5, 2014, claiming the benefit of a prior application filed on May 10, 2011 (prior to September 16, 2012). Which of the following best describes the requirement for the inventor's oath or declaration submitted in the continuing application?

A continuation application is filed on October 15, 2013, claiming the benefit under 35 U.S.C. 120 of a parent application filed on May 10, 2011. Which of the following correctly describes the requirement for the inventor's oath or declaration in the continuation application?

Under 37 CFR 1.57(b), an applicant seeks to amend an application to add inadvertently omitted material that was completely contained in a prior-filed application. Which of the following statements correctly sets forth the deadline by which this amendment must be submitted?

According to 37 CFR 1.432(a), the filing of an international application request constitutes which of the following?

Under PCT guidelines as described in the MPEP text, which of the following statements is correct regarding the title of an invention in an international application?

Under 37 CFR 1.481(a), which fee amount is payable for the preliminary examination fee or handling fee during international preliminary examination?

Under PCT Rule 61.2(a), which entity is responsible for effecting the notification of the Demand and Elections to the elected Offices?

According to USPTO practice regarding double patenting rejections and commonly owned applications or joint research agreements, which of the following statements is CORRECT?

For the purposes of double patenting analysis, how is subject matter that is excepted under 35 U.S.C. 102(b)(2)(C) and 35 U.S.C. 102(c) pursuant to a joint research agreement treated by the USPTO?

According to MPEP § 211, if patentably indistinct claimed inventions were commonly owned or subject to an obligation of assignment to the same person on the effective filing date (or date of invention, as applicable), which of the following correctly describes how those claims may be treated?

During the course of a supplemental examination proceeding, the USPTO becomes aware that a material fraud on the Office may have been committed in connection with the patent under examination. Which of the following actions will the USPTO take in accordance with MPEP § 2014 and 35 U.S.C. 257?

Under USPTO practice, if a finding of inequitable conduct or violation of the duty of disclosure through bad faith or intentional misconduct is established with respect to a single claim in a patent application, what is the effect on the application?

Under 37 CFR 1.56(b), an applicant generally has NO duty to disclose information to the USPTO if which of the following conditions is met?

According to 37 CFR 41.102, before a contested case is initiated, except as the Board may otherwise authorize, which of the following criteria must be satisfied for each involved application and patent?

In an ex parte reexamination proceeding, what is the standard shortened statutory period generally set by the USPTO for filing a response to an Office action?

According to the MPEP, if a terminal disclaimer was filed in a patent application to overcome a nonstatutory double patenting rejection, but the relevant claims are subsequently canceled or shown to be patentably distinct from the reference claims, how may the terminal disclaimer be withdrawn?

Which of the following statements correctly describes the rule regarding the withdrawal of a recorded terminal disclaimer?

According to the MPEP guidelines regarding hand-delivery of papers, where must official hand-carried patent application-related correspondence for Technology Centers (TCs) be delivered?

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Drill by Specific MPEP Chapter or 35 U.S.C. Statute

35 U.S.C. 101 Practice Questions (Patent Eligibility)

35 U.S.C. 102 Practice Questions (Novelty)

35 U.S.C. 103 Practice Questions (Obviousness)

35 U.S.C. 112 Practice Questions (Specification/Claims)

MPEP 700 Practice Questions (Examination)

MPEP 600 Practice Questions (Application Parts)

MPEP 200 Practice Questions (Continuations & Priority)

MPEP 1800 Practice Questions (PCT)

MPEP 800 Practice Questions (Restriction / Double Patenting)

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MPEP 2000 Practice Questions (Duty of Disclosure)

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