MPEP basics
The MPEP
Answer in brief
The MPEP (Manual of Patent Examining Procedure) is the USPTO's manual for patent examiners, and the only reference allowed on the patent bar. The current version is the Ninth Edition, Revision 01.2024, published November 2024. It has 29 chapters, from 100 (Secrecy and Foreign Filing) to 2900 (International Design Applications).
This reference explains the sections people look up most, one page each, in plain English, with a link to the full text.
Edition and chapter titles from the USPTO's MPEP index, reviewed 9 November 2026.
- Wysebridge
- MPEP
- Patent examination
- Patent bar
The most-searched MPEP sections
| Section | What it covers |
|---|---|
| MPEP 2106 | Subject matter eligibility (Alice/Mayo) |
| MPEP 2143 | The KSR rationales for obviousness |
| MPEP 609 | Information disclosure statements |
| MPEP 2144 | Supporting an obviousness rejection |
| MPEP 2163 | Written description |
| MPEP 2111 | Broadest reasonable interpretation |
| MPEP 2112 | Inherency |
| MPEP 2131 | Anticipation |
| MPEP 2141 | The Graham inquiries |
| MPEP 2145 | Rebutting obviousness |
| MPEP 2181 | Means-plus-function, 112(f) |
| MPEP 804 | Double patenting |
The chapters that matter most for the patent bar
| Chapter | Title | Est. share of exam |
|---|---|---|
| 2100 | Patentability | ~32% |
| 700 | Examination of Applications | ~21% |
| 600 | Parts, Form, and Content of Application | ~14% |
| 1800 | Patent Cooperation Treaty | ~6% |
| 1200 | Appeal | ~4% |
| 1400 | Correction of Patents | ~4% |
Estimated shares are Wysebridge's, based on historical question distribution. Chapters 2100, 700 and 600 together account for roughly two-thirds of questions.
Start with the right question
ObviousnessMPEP 2143: The KSR Rationales for ObviousnessMPEP 2143 explained: the seven exemplary KSR rationales (A through G) examiners use to support a conclusion of obviousness.Read the entryEligibility, claims and prior artMPEP 2106: Patent Subject Matter EligibilityMPEP 2106 explained: the Alice/Mayo eligibility test the USPTO applies under 35 U.S.C. 101, step by step.Read the entryProsecution and procedureMPEP 609: Information Disclosure Statements (IDS)MPEP 609 explained: what an information disclosure statement must contain and the 37 CFR 1.97 timing rules for having it considered.Read the entryMPEP basicsWhat is the MPEP?Who writes the MPEP, who uses it, and how it relates to the patent statute and rules.Read the entry
Practical entries
MPEP basicsCurrent MPEP editionWhich MPEP revision is current and what that means for the patent bar.Read the entryChaptersMPEP chaptersAll 29 MPEP chapters with official titles and estimated patent bar weight.Read the entryChaptersMPEP 2100: PatentabilityThe most-tested MPEP chapter: eligibility, novelty, obviousness and written description.Read the entryChaptersMPEP 700: Examination of ApplicationsThe procedural core of prosecution: office actions, responses, final rejections and RCEs.Read the entryChaptersMPEP 600: Parts, Form, and Content of ApplicationWhat a patent application must contain: specification, claims, drawings, oath and fees.Read the entryMPEP for the patent barUsing the MPEP on the patent barHow to study and search the MPEP for an open-book exam with 3.6 minutes per question.Read the entryMPEP basicsMPEP appendicesThe statute, rules, PCT and Paris Convention as reprinted in the MPEP.Read the entryEligibility, claims and prior artMPEP 2106.04(a)(2): Abstract Idea GroupingsThe three groupings of abstract ideas in MPEP 2106.04(a)(2): mathematical concepts, mental processes, and certain methods of organizing human activity.Read the entryEligibility, claims and prior artMPEP 2106.04(d): Integration Into a Practical ApplicationMPEP 2106.04(d) explained: Step 2A Prong Two, and the considerations that show a judicial exception is integrated into a practical application.Read the entryEligibility, claims and prior artMPEP 2111: Broadest Reasonable Interpretation (BRI)MPEP 2111 explained: how the USPTO reads claims under the broadest reasonable interpretation, and how preambles and transitional phrases are treated.Read the entryEligibility, claims and prior artMPEP 2112: InherencyMPEP 2112 explained: when a feature is inherent in prior art, why it must be necessarily present, and how the burden shifts to the applicant.Read the entryEligibility, claims and prior artMPEP 2113: Product-by-Process ClaimsMPEP 2113 explained: why patentability of a product-by-process claim turns on the product itself, not the process that made it.Read the entryEligibility, claims and prior artMPEP 2114: Functional Language in Apparatus ClaimsMPEP 2114 explained: apparatus claims cover what a device is, not what it does, and how functional language and intended use are treated.Read the entryEligibility, claims and prior artMPEP 2117: Markush ClaimsMPEP 2117 explained: what a Markush group is, why it uses closed "consisting of" language, and when a Markush grouping is improper.Read the entryEligibility, claims and prior artMPEP 2125: Drawings as Prior ArtMPEP 2125 explained: when drawings in a reference can anticipate a claim, and why proportions in patent drawings are not reliable.Read the entryEligibility, claims and prior artMPEP 2131: Anticipation Under 35 U.S.C. 102MPEP 2131 explained: a claim is anticipated only if a single prior art reference discloses every element, expressly or inherently.Read the entryObviousnessMPEP 2141: Determining Obviousness Under 35 U.S.C. 103MPEP 2141 explained: the Graham factual inquiries and how KSR shapes the USPTO's obviousness analysis.Read the entryObviousnessMPEP 2141.01(a): Analogous ArtMPEP 2141.01(a) explained: the two tests for whether a reference is analogous art that can be used in an obviousness rejection.Read the entryObviousnessMPEP 2142: Prima Facie ObviousnessMPEP 2142 explained: the examiner's initial burden to establish a prima facie case of obviousness, and avoiding impermissible hindsight.Read the entryObviousnessMPEP 2143.01: Motivation to Combine or ModifyMPEP 2143.01 explained: motivation to combine references, and why a change that destroys the reference's intended purpose or principle of operation is not obvious.Read the entryObviousnessMPEP 2144: Supporting an Obviousness RejectionMPEP 2144 explained: sources of rationale for obviousness, including official notice, legal precedent, ranges, equivalents and intended purpose.Read the entryObviousnessMPEP 2144.05: Overlapping Ranges and Routine OptimizationMPEP 2144.05 explained: why overlapping or close ranges are prima facie obvious, routine optimization, and how to rebut with criticality or teaching away.Read the entryObviousnessMPEP 2145: Rebutting an Obviousness RejectionMPEP 2145 explained: how examiners weigh applicant arguments against obviousness, including teaching away, hindsight and attacking references individually.Read the entryDisclosure and claim formMPEP 2163: Written Description RequirementMPEP 2163 explained: the 35 U.S.C. 112(a) written description requirement, possession of the invention, and new matter in amended claims.Read the entryDisclosure and claim formMPEP 2164: Enablement and the Wands FactorsMPEP 2164 explained: the enablement requirement, undue experimentation, and the eight In re Wands factors.Read the entryDisclosure and claim formMPEP 2173: Indefiniteness Under 35 U.S.C. 112(b)MPEP 2173 explained: the 35 U.S.C. 112(b) definiteness requirement, relative terms, antecedent basis, and how the USPTO's standard differs from the courts'.Read the entryDisclosure and claim formMPEP 2181: Means-Plus-Function Under 35 U.S.C. 112(f)MPEP 2181 explained: the 3-prong test for 35 U.S.C. 112(f) means-plus-function limitations, nonce terms, and corresponding structure.Read the entryDisclosure and claim formMPEP 608.01(n): Dependent and Multiple Dependent ClaimsMPEP 608.01(n) explained: proper dependent claims, multiple dependent claims, and the rule against one multiple dependent claim depending on another.Read the entryDisclosure and claim formMPEP 608.01(b): The AbstractMPEP 608.01(b) explained: the abstract of the disclosure, its 150-word limit, and its format.Read the entryProsecution and procedureMPEP 211: Claiming the Benefit of an Earlier Filing DateMPEP 211 explained: claiming priority to provisional and nonprovisional applications under 35 U.S.C. 119(e) and 120, copendency, and the reference requirement.Read the entryProsecution and procedureMPEP 706: Rejection of ClaimsMPEP 706 explained: rejections versus objections, the grounds for rejecting claims, and final rejections.Read the entryProsecution and procedureMPEP 713: Examiner InterviewsMPEP 713 explained: examiner interviews, when they are allowed, and why their substance must be made of record.Read the entryProsecution and procedureMPEP 714: AmendmentsMPEP 714 explained: amending claims and the specification, claim status identifiers, and amendments after final or after allowance under 37 CFR 1.312.Read the entryProsecution and procedureMPEP 716: Declarations and Unexpected ResultsMPEP 716 explained: Rule 132 declarations, objective evidence of nonobviousness, the nexus requirement, and unexpected results.Read the entryProsecution and procedureMPEP 803: Restriction RequirementsMPEP 803 explained: the two criteria for a proper restriction requirement, and election of species for Markush claims.Read the entryProsecution and procedureMPEP 804: Double PatentingMPEP 804 explained: statutory and nonstatutory (obviousness-type) double patenting, and overcoming it with a terminal disclaimer.Read the entryProsecution and procedureMPEP 821.04: RejoinderMPEP 821.04 explained: rejoinder of nonelected product or process claims once the elected claims are allowable.Read the entryProsecution and procedureMPEP 1490: Disclaimers and Terminal DisclaimersMPEP 1490 explained: statutory disclaimers and terminal disclaimers filed to overcome nonstatutory double patenting under 37 CFR 1.321.Read the entryProsecution and procedureMPEP 2242: Substantial New Question of PatentabilityMPEP 2242 explained: the substantial new question of patentability that decides whether ex parte reexamination is ordered.Read the entryEligibility, claims and prior artMPEP 2103: The Patent Examination ProcessMPEP 2103 explained: the order in which examiners review an application, from what the applicant invented to the patentability requirements.Read the entryConceptsIntended Use in the MPEPWhat the MPEP says about intended use limitations, preambles and functional language, and when they distinguish a claim from prior art.Read the entryConceptsTeaching Away in the MPEPWhat the MPEP says about teaching away: when prior art criticizes or discourages the claimed solution, and why a mere preference does not count.Read the entryConceptsImpermissible Hindsight in the MPEPWhat the MPEP says about impermissible hindsight in obviousness rejections, and how examiners and applicants address it.Read the entryConceptsOfficial Notice in the MPEPWhat the MPEP says about official notice: when an examiner may rely on well-known facts without a reference, and how to challenge it.Read the entryMPEP basicsMPEP PDF DownloadWhere to download the official MPEP as PDFs from the USPTO, chapter by chapter, and where to read it free online with search.Read the entry
Questions & answers
What is the MPEP?
The Manual of Patent Examining Procedure: the USPTO's manual of the law, rules and procedures patent examiners follow. Applicants and practitioners use it too, and it is the only reference allowed on the patent bar.
What is the current MPEP edition?
The Ninth Edition, Revision 01.2024, published November 2024 and current as of January 31, 2024 law.
How many chapters are in the MPEP?
29, numbered 100 through 2900, plus appendices for the patent laws, rules, the PCT and the Paris Convention.
Sources for this entry
- Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam. - Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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Cite or share this entry
MPEP.net. “The MPEP.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/