Topics
MPEP.net is organized into 8 topics. Each topic collects the practical entries that answer one part of the question.
MPEP basics
What the MPEP is, which edition is current, and how it is organized.
Chapters
Every MPEP chapter, and close reads of the ones that matter most.
Eligibility, claims and prior art
MPEP sections on subject matter eligibility, claim interpretation, inherency and anticipation (Chapter 2100).
- MPEP 2106: Patent Subject Matter Eligibility
- MPEP 2106.04(a)(2): Abstract Idea Groupings
- MPEP 2106.04(d): Integration Into a Practical Application
- MPEP 2111: Broadest Reasonable Interpretation (BRI)
- MPEP 2112: Inherency
- MPEP 2113: Product-by-Process Claims
- MPEP 2114: Functional Language in Apparatus Claims
- MPEP 2117: Markush Claims
- MPEP 2125: Drawings as Prior Art
- MPEP 2131: Anticipation Under 35 U.S.C. 102
- MPEP 2103: The Patent Examination Process
Obviousness
MPEP 2141 to 2145: the Graham inquiries, the KSR rationales, motivation to combine, ranges and rebuttal.
- MPEP 2141: Determining Obviousness Under 35 U.S.C. 103
- MPEP 2141.01(a): Analogous Art
- MPEP 2142: Prima Facie Obviousness
- MPEP 2143: The KSR Rationales for Obviousness
- MPEP 2143.01: Motivation to Combine or Modify
- MPEP 2144: Supporting an Obviousness Rejection
- MPEP 2144.05: Overlapping Ranges and Routine Optimization
- MPEP 2145: Rebutting an Obviousness Rejection
Disclosure and claim form
Written description, enablement, indefiniteness, means-plus-function, and claim and abstract form under 35 U.S.C. 112.
Prosecution and procedure
IDS, benefit claims, rejections, interviews, amendments, declarations, restriction, double patenting and reexamination.
- MPEP 609: Information Disclosure Statements (IDS)
- MPEP 211: Claiming the Benefit of an Earlier Filing Date
- MPEP 706: Rejection of Claims
- MPEP 713: Examiner Interviews
- MPEP 714: Amendments
- MPEP 716: Declarations and Unexpected Results
- MPEP 803: Restriction Requirements
- MPEP 804: Double Patenting
- MPEP 821.04: Rejoinder
- MPEP 1490: Disclaimers and Terminal Disclaimers
- MPEP 2242: Substantial New Question of Patentability
Concepts
Ideas that run across several MPEP sections: intended use, teaching away, hindsight and official notice.
MPEP for the patent bar
Using the MPEP on the open-book USPTO registration exam.