Eligibility, claims and prior art
MPEP 2103: The Patent Examination Process
Answer in brief
MPEP 2103 describes the order of examination: understand what the applicant invented, read the claims under their broadest reasonable interpretation, then apply the patentability requirements of 35 U.S.C. 101, 102, 103 and 112.
What MPEP 2103 covers
The section frames the whole of Chapter 2100.
- Determine what the applicant has invented and is seeking to patent.
- Conduct a thorough search of the prior art.
- Determine whether the claims comply with §§ 101, 102, 103 and 112.
- Clearly communicate findings, conclusions and reasons.
How examiners use it
Following this order is meant to support compact prosecution: raising every issue in the first action.
On the patent bar
Know the order and the idea of compact prosecution.
Read the full text
Official title: Patent Examination Process [R-07.2022].
Read MPEP 2103 in full on Wysebridge ↗
Or at the source: USPTO MPEP § 2103.
Sources for this entry
- USPTO — MPEP § 2103 USPTO
Official text of this section, Ninth Edition, Revision 01.2024. - 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.
Continue this reading path
MPEP 2106: Patent Subject Matter EligibilityMPEP 2111: Broadest Reasonable Interpretation (BRI)
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Cite or share this entry
MPEP.net. “MPEP 2103: The Patent Examination Process.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2103/