MPEP 200 Practice Questions (Continuations & Priority)
Master provisional applications, continuations, divisionals, CIPs, foreign priority under 35 U.S.C. 119(a)–(d), the 4-month/16-month rule, and restoration of priority.
AI Practice✓ Based on MPEP Ninth Edition, Rev. 01.2024 (Nov 2024)
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MPEP-0200 • #q0362
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An applicant files a nonprovisional patent application claiming the benefit of a prior-filed provisional application under 35 U.S.C. 119(e). The USPTO issues a notice stating that the nonprovisional application is not entitled to the benefit of the provisional application because the provisional application became abandoned due to a failure to pay the basic filing fee. Which of the following actions may the applicant take in order to claim the benefit of the prior-filed provisional application?
ℹ️ AI-generated, model-checked practice question citing MPEP Ninth Edition, Rev. 01.2024 (Nov 2024). Each question is checked against MPEP source text by AI; always verify via the cited section.
MPEP-0200 • #q0363
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An applicant in a U.S. nonprovisional application seeks to claim the right of priority under 35 U.S.C. 119(d) based on a foreign application for an inventor's certificate in a country that grants both patents and inventor's certificates. Which of the following correctly states a requirement for claiming this right of priority?
ℹ️ AI-generated, model-checked practice question citing MPEP Ninth Edition, Rev. 01.2024 (Nov 2024). Each question is checked against MPEP source text by AI; always verify via the cited section.
MPEP-0200 • #q0364
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Under 37 CFR 1.55, if a foreign priority claim is considered to have been waived because it was not timely presented, the USPTO may accept the claim upon petition if the delay was unintentional. Which of the following must accompany a petition to accept a delayed claim for priority (unless previously submitted)?
ℹ️ AI-generated, model-checked practice question citing MPEP Ninth Edition, Rev. 01.2024 (Nov 2024). Each question is checked against MPEP source text by AI; always verify via the cited section.
MPEP-0200 • #q0366
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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?
ℹ️ AI-generated, model-checked practice question citing MPEP Ninth Edition, Rev. 01.2024 (Nov 2024). Each question is checked against MPEP source text by AI; always verify via the cited section.
MPEP-0200 • #q0368
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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?
ℹ️ AI-generated, model-checked practice question citing MPEP Ninth Edition, Rev. 01.2024 (Nov 2024). Each question is checked against MPEP source text by AI; always verify via the cited section.
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How MPEP 200 Priority & Continuity Is Tested on the 2026 Patent Bar Exam
MPEP Chapter 200 (Types and Status of Application; Benefit and Priority Claims) is tested on every single Patent Bar Exam. You must know the exact requirements for claiming domestic benefit under 35 U.S.C. 119(e) (provisional applications) and 35 U.S.C. 120 (continuations, divisionals, and continuations-in-part): copendency, at least one common inventor, a specific reference in the Application Data Sheet (37 CFR 1.76), and compliance with the "4-month / 16-month" time limit under 37 CFR 1.78.
Foreign priority under 35 U.S.C. 119(a)–(d) (MPEP §§ 213–216) tests the 12-month Paris Convention period for utility/plant applications and 6-month period for design applications, along with the 2-month restoration window under 37 CFR 1.55(c) if the delay in filing the subsequent U.S. application was unintentional.
Chapter 200 also tests correction of inventorship under 37 CFR 1.48 (in nonprovisional vs. provisional applications) and the availability of Continued Prosecution Applications (CPAs) under 37 CFR 1.53(d), which are strictly limited to design patent applications.
What is the "4-month / 16-month" deadline for claiming domestic benefit or foreign priority?
Under 37 CFR 1.78 and 37 CFR 1.55 (MPEP §§ 211.03 & 214.01), in a utility or plant nonprovisional application, a domestic benefit or foreign priority claim must be presented in an ADS within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
Can the 12-month pendency of a provisional application be extended under 37 CFR 1.136?
No. Under 35 U.S.C. 111(b)(5) and MPEP § 201.04, a provisional application automatically becomes abandoned 12 months after its filing date and cannot be extended. However, if a nonprovisional application is filed within 14 months (within 2 months after the 12-month period expires) and the delay was unintentional, benefit may be restored via petition under 37 CFR 1.78(b).
Does a design application qualify for the 16-month foreign priority claim window?
No. In a design application, the foreign priority period under 35 U.S.C. 172 is 6 months, and the priority claim must be presented during the pendency of the design application (the 4/16-month window applies to utility and plant applications).