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?

A. The Office action indicates that it is made final under 37 CFR 1.113.

B. The applicant was notified in the same manner as notification provided after the first examination.

C. The reply includes an amendment to the claims.

D. Objections or requirements are made in the Office action.

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?

A. 35 U.S.C. 101, 103, 112, and 131.

B. 35 U.S.C. 100, 101, 102, and 103.

C. 35 U.S.C. 101, 102, 103, and 112.

D. 35 U.S.C. 101, 102, 111, and 112.

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?

A. To conclusively demonstrate prior invention per se in an inter partes proceeding.

B. To automatically institute an interference proceeding under pre-AIA 35 U.S.C. 102(g).

C. To establish sole inventorship when a reference names multiple joint inventors.

D. Merely to antedate the effective date of a reference.

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?

A. It shall not be represented in a subsequent amendment document unless it is amended again or a substitute specification is provided.

B. It may be included in subsequent amendment documents only if a petition and fee are submitted.

C. It must be reprinted in full in every subsequent amendment document.

D. It must be represented in all subsequent amendment documents with double brackets around it.

MPEP Chapter 700 & 37 CFR §§ 1.104–1.138 Exam Share: 15–18% of Exam (~15–18 Questions) ✓ MPEP Ninth Edition, Rev. 01.2024 (Nov 2024)

MPEP 700 Practice Questions (Examination)

Master the most heavily tested procedural chapter on the Patent Bar: non-final vs. final rejections, RCE rules, 37 CFR 1.130/1.131/1.132 declarations, and abandonment revival.

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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?

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How MPEP 700 Examination Is Tested on the 2026 Patent Bar Exam

MPEP Chapter 700 (Examination of Applications) accounts for roughly 15–18% of all questions on the USPTO Patent Bar Exam. You are tested relentlessly on shortened statutory periods (SSPs) for reply (normally 3 months for an Office action on the merits, extendable up to the 6-month statutory maximum under 35 U.S.C. 133 and 37 CFR 1.136(a)), finality of second action (MPEP § 706.07(a)), and what constitutes a bona fide reply under 37 CFR 1.111 and 1.113.

High-yield procedural traps include Requests for Continued Examination (RCE) under 37 CFR 1.114 (MPEP § 706.07(h))—specifically that an RCE is NOT available in a design application, a reissue application, or before prosecution in the application is closed—and the distinction between suspension of action under 37 CFR 1.103 and deferral of examination.

Finally, Chapter 700 heavily tests overcoming rejections via affidavits and declarations: 37 CFR 1.130 (AIA attribution or prior public disclosure), 37 CFR 1.131 (Pre-AIA swearing behind a reference that is not a statutory bar and does not claim the same patentable invention), and 37 CFR 1.132 (traversing rejections via unexpected results, commercial success, or inoperativeness of references).

High-Yield MPEP Rev. 01.2024 Sections to Master

MPEP § 706.07

Final Rejection, Premature Finality & After-Final Practice (37 CFR 1.116)

MPEP § 706.07(h)

Request for Continued Examination (RCE) under 37 CFR 1.114

MPEP § 710

Period for Reply, Statutory Periods & Extensions of Time (37 CFR 1.136)

MPEP § 711

Abandonment of Application & Revival for Unintentional Delay (37 CFR 1.137)

MPEP § 715

Affidavits or Declarations Under 37 CFR 1.131(a) & 37 CFR 1.130 (MPEP § 717)

Frequently Asked Questions: MPEP 700 Examination

Can an applicant file an RCE (37 CFR 1.114) in a design patent application?

No. Under 37 CFR 1.114(e) and MPEP § 706.07(h), an RCE cannot be filed in a design application, an international application that has not complied with 35 U.S.C. 371, a provisional application, or a reexamination proceeding. Design applicants use a Continued Prosecution Application (CPA) under 37 CFR 1.53(d).

What is the maximum period for reply to an Office action on the merits?

Under 35 U.S.C. 133 and MPEP § 710.01, the maximum statutory period for reply is 6 months from the mailing date of the Office action. If the examiner sets a 3-month shortened statutory period, the applicant may purchase up to 3 months of extensions under 37 CFR 1.136(a).

When can an applicant use a 37 CFR 1.130(b) declaration to overcome an intervening third-party disclosure?

Under MPEP § 717.01(b), a 37 CFR 1.130(b) declaration disqualifies an intervening third-party disclosure if the subject matter was publicly disclosed by the inventor or a joint inventor before the third-party disclosure, unless the intervening disclosure offers a more generic description of a previously disclosed species.

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Read the complete statutory breakdown, exam tables, and worked MPEP rules for MPEP 700 Examination.

Sibling MPEP Practice Topics

MPEP 200 Practice Questions (Continuations & Priority)

MPEP Chapter 200 & 35 U.S.C. §§ 119–121 • 10–13% of Exam (~10–13 Questions)

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MPEP 600 Practice Questions (Application Parts)

MPEP Chapter 600 & 37 CFR §§ 1.51–1.99 • 9–12% of Exam (~9–12 Questions)

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MPEP 1200 Practice Questions (Appeals)

MPEP Chapter 1200 & 37 CFR Part 41 • 6–8% of Exam (~6–8 Questions)

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MPEP 700 Practice Questions (Examination)

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?

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How MPEP 700 Examination Is Tested on the 2026 Patent Bar Exam

High-Yield MPEP Rev. 01.2024 Sections to Master

Frequently Asked Questions: MPEP 700 Examination

Can an applicant file an RCE (37 CFR 1.114) in a design patent application?

What is the maximum period for reply to an Office action on the merits?

When can an applicant use a 37 CFR 1.130(b) declaration to overcome an intervening third-party disclosure?

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Sibling MPEP Practice Topics