Patent: Bar Exam Study Guide 2026-
2027 With Correct/Verified Answers.
What is the passing score for the Patent Bar Exam? - Answer 70% (70 correct out of 100
questions)
How long do you have to complete the Patent Bar Exam? - Answer 6 hours
How many questions are on the Patent Bar Exam? - Answer 100 multiple-choice questions
What is the primary reference material allowed during the Patent Bar Exam? - Answer MPEP
(Manual of Patent Examining Procedure), 35 U.S.C., and 37 CFR
What date marks the transition from Pre-AIA to Post-AIA law? - Answer March 16, 2013
(based on effective filing date)
What does AIA stand for? - Answer America Invents Act
What does FITF stand for? - Answer First Inventor to File
What does Pre-AIA stand for? - Answer Pre-America Invents Act (first to invent system)
Under Post-AIA, what determines priority between two competing inventors? - Answer Filing
date (first to file wins)
Under Pre-AIA, what determines priority between two competing inventors? - Answer
Invention date (conception + reduction to practice ± diligence)
What does MPEP stand for? - Answer Manual of Patent Examining Procedure
What does USPTO stand for? - Answer United States Patent and Trademark Office
What does PTAB stand for? - Answer Patent Trial and Appeal Board
What does RCE stand for? - Answer Request for Continued Examination
,What does CPA stand for? - Answer Continued Prosecution Application
What does IDS stand for? - Answer Information Disclosure Statement
What does PCT stand for? - Answer Patent Cooperation Treaty
What does IPR stand for? - Answer Inter Partes Review
What does PGR stand for? - Answer Post-Grant Review
What does CFR stand for? - Answer Code of Federal Regulations
Which title of the CFR covers patent rules? - Answer Title 37 CFR
Which title of the U.S. Code covers patent law? - Answer Title 35 U.S.C.
What is the standard response period for an Office action? - Answer 3 months
What is the maximum extension period for responding to an Office action under 37 CFR
1.136(a)? - Answer 6 months total (3 months original + up to 3 months extension)
How long do you have to file a nonprovisional application claiming benefit of a provisional? -
Answer 12 months from provisional filing date (35 U.S.C. 119(e))
How long do you have to claim foreign priority under the Paris Convention? - Answer 12
months from foreign filing date (35 U.S.C. 119(a)-(d))
What is the deadline for entering U.S. national stage from a PCT application? - Answer 30
months from priority date (35 U.S.C. 371(b))
How many independent claims does the basic filing fee cover? - Answer 3 independent
claims
How many total claims does the basic filing fee cover? - Answer 20 total claims
When are utility patent maintenance fees due? - Answer 3.5, 7.5, and 11.5 years after grant
,Are maintenance fees measured from filing date or grant date? - Answer Grant date
Do design patents require maintenance fees? - Answer No
Do plant patents require maintenance fees? - Answer No
What types of patents require maintenance fees? - Answer Utility patents only
What is the term of a utility patent? - Answer 20 years from filing date
What is the term of a design patent filed on or after May 13, 2015? - Answer 15 years from
grant
What is the term of a design patent filed before May 13, 2015? - Answer 14 years from grant
What is the term of a plant patent? - Answer 20 years from filing date
What is the small entity fee discount? - Answer 50% discount
What is the micro entity fee discount? - Answer 75% discount (pay only 25%)
What entities qualify for small entity status under 37 CFR 1.27? - Answer Independent
inventors, small businesses (<500 employees), nonprofit organizations
What additional requirements must be met for micro entity status under 37 CFR 1.29? - Answer
Small entity status + income limit + filing limit (≤4 prior apps) + no large entity obligations
What does "comprising" mean in a patent claim? - Answer Open-ended transition (includes
listed elements but does not exclude others)
What does "consisting of" mean in a patent claim? - Answer Closed-ended transition (limited
to only the listed elements)
What does "consisting essentially of" mean in a patent claim? - Answer Semi-closed
transition (permits elements not materially affecting basic and novel characteristics)
, Under 35 U.S.C. 101, what are the judicial exceptions to patent eligibility? - Answer Laws of
nature, abstract ideas, and natural phenomena
What is the two-step test for patent eligibility under Alice/Mayo? - Answer Step 1: Is claim
directed to judicial exception? Step 2: Does claim have significantly more?
What does 35 U.S.C. 102 address? - Answer Novelty and prior art
What does 35 U.S.C. 103 address? - Answer Non-obviousness
What does 35 U.S.C. 112(a) address? - Answer Written description, enablement, and best
mode requirements
What does 35 U.S.C. 112(b) address? - Answer Definiteness of claims
What does 35 U.S.C. 112(d) address? - Answer Dependent claim requirements
What does 35 U.S.C. 112(f) address? - Answer Means-plus-function and step-plus-function
interpretation
Under Post-AIA 35 U.S.C. 102(a)(1), what are the categories of prior art? - Answer Patented,
described in printed publication, in public use, on sale, or otherwise available to the public
Is the Post-AIA on-sale bar limited to the United States? - Answer No, it applies worldwide
(anywhere in the world)
Is the Pre-AIA on-sale bar limited to the United States? - Answer Yes, only on-sale or public
use in the United States
What is the Post-AIA grace period under 35 U.S.C. 102(b)(1)? - Answer 1 year from inventor's
own disclosure or disclosure obtained from inventor
Does the Post-AIA grace period protect against independent third-party disclosures? - Answer
No, only protects against inventor's own disclosures and those obtained from inventor
What is the Pre-AIA grace period under 35 U.S.C. 102(b)? - Answer 1 year from any public
use, on-sale, or publication (protects against all events within 1 year)
2027 With Correct/Verified Answers.
What is the passing score for the Patent Bar Exam? - Answer 70% (70 correct out of 100
questions)
How long do you have to complete the Patent Bar Exam? - Answer 6 hours
How many questions are on the Patent Bar Exam? - Answer 100 multiple-choice questions
What is the primary reference material allowed during the Patent Bar Exam? - Answer MPEP
(Manual of Patent Examining Procedure), 35 U.S.C., and 37 CFR
What date marks the transition from Pre-AIA to Post-AIA law? - Answer March 16, 2013
(based on effective filing date)
What does AIA stand for? - Answer America Invents Act
What does FITF stand for? - Answer First Inventor to File
What does Pre-AIA stand for? - Answer Pre-America Invents Act (first to invent system)
Under Post-AIA, what determines priority between two competing inventors? - Answer Filing
date (first to file wins)
Under Pre-AIA, what determines priority between two competing inventors? - Answer
Invention date (conception + reduction to practice ± diligence)
What does MPEP stand for? - Answer Manual of Patent Examining Procedure
What does USPTO stand for? - Answer United States Patent and Trademark Office
What does PTAB stand for? - Answer Patent Trial and Appeal Board
What does RCE stand for? - Answer Request for Continued Examination
,What does CPA stand for? - Answer Continued Prosecution Application
What does IDS stand for? - Answer Information Disclosure Statement
What does PCT stand for? - Answer Patent Cooperation Treaty
What does IPR stand for? - Answer Inter Partes Review
What does PGR stand for? - Answer Post-Grant Review
What does CFR stand for? - Answer Code of Federal Regulations
Which title of the CFR covers patent rules? - Answer Title 37 CFR
Which title of the U.S. Code covers patent law? - Answer Title 35 U.S.C.
What is the standard response period for an Office action? - Answer 3 months
What is the maximum extension period for responding to an Office action under 37 CFR
1.136(a)? - Answer 6 months total (3 months original + up to 3 months extension)
How long do you have to file a nonprovisional application claiming benefit of a provisional? -
Answer 12 months from provisional filing date (35 U.S.C. 119(e))
How long do you have to claim foreign priority under the Paris Convention? - Answer 12
months from foreign filing date (35 U.S.C. 119(a)-(d))
What is the deadline for entering U.S. national stage from a PCT application? - Answer 30
months from priority date (35 U.S.C. 371(b))
How many independent claims does the basic filing fee cover? - Answer 3 independent
claims
How many total claims does the basic filing fee cover? - Answer 20 total claims
When are utility patent maintenance fees due? - Answer 3.5, 7.5, and 11.5 years after grant
,Are maintenance fees measured from filing date or grant date? - Answer Grant date
Do design patents require maintenance fees? - Answer No
Do plant patents require maintenance fees? - Answer No
What types of patents require maintenance fees? - Answer Utility patents only
What is the term of a utility patent? - Answer 20 years from filing date
What is the term of a design patent filed on or after May 13, 2015? - Answer 15 years from
grant
What is the term of a design patent filed before May 13, 2015? - Answer 14 years from grant
What is the term of a plant patent? - Answer 20 years from filing date
What is the small entity fee discount? - Answer 50% discount
What is the micro entity fee discount? - Answer 75% discount (pay only 25%)
What entities qualify for small entity status under 37 CFR 1.27? - Answer Independent
inventors, small businesses (<500 employees), nonprofit organizations
What additional requirements must be met for micro entity status under 37 CFR 1.29? - Answer
Small entity status + income limit + filing limit (≤4 prior apps) + no large entity obligations
What does "comprising" mean in a patent claim? - Answer Open-ended transition (includes
listed elements but does not exclude others)
What does "consisting of" mean in a patent claim? - Answer Closed-ended transition (limited
to only the listed elements)
What does "consisting essentially of" mean in a patent claim? - Answer Semi-closed
transition (permits elements not materially affecting basic and novel characteristics)
, Under 35 U.S.C. 101, what are the judicial exceptions to patent eligibility? - Answer Laws of
nature, abstract ideas, and natural phenomena
What is the two-step test for patent eligibility under Alice/Mayo? - Answer Step 1: Is claim
directed to judicial exception? Step 2: Does claim have significantly more?
What does 35 U.S.C. 102 address? - Answer Novelty and prior art
What does 35 U.S.C. 103 address? - Answer Non-obviousness
What does 35 U.S.C. 112(a) address? - Answer Written description, enablement, and best
mode requirements
What does 35 U.S.C. 112(b) address? - Answer Definiteness of claims
What does 35 U.S.C. 112(d) address? - Answer Dependent claim requirements
What does 35 U.S.C. 112(f) address? - Answer Means-plus-function and step-plus-function
interpretation
Under Post-AIA 35 U.S.C. 102(a)(1), what are the categories of prior art? - Answer Patented,
described in printed publication, in public use, on sale, or otherwise available to the public
Is the Post-AIA on-sale bar limited to the United States? - Answer No, it applies worldwide
(anywhere in the world)
Is the Pre-AIA on-sale bar limited to the United States? - Answer Yes, only on-sale or public
use in the United States
What is the Post-AIA grace period under 35 U.S.C. 102(b)(1)? - Answer 1 year from inventor's
own disclosure or disclosure obtained from inventor
Does the Post-AIA grace period protect against independent third-party disclosures? - Answer
No, only protects against inventor's own disclosures and those obtained from inventor
What is the Pre-AIA grace period under 35 U.S.C. 102(b)? - Answer 1 year from any public
use, on-sale, or publication (protects against all events within 1 year)
