What is the MPEP?
Answer in brief
The MPEP is the USPTO's manual telling patent examiners how to apply the patent laws and rules. It is not itself law: it interprets 35 U.S.C. (the statute) and 37 C.F.R. (the rules), which it reprints in its appendices.
Who uses it
- Examiners, as their procedure manual.
- Patent agents and attorneys, to predict and answer examiner actions.
- Patent bar candidates, because the exam is open book on the MPEP alone.
MPEP vs the statute and rules
| Source | What it is | In the MPEP |
|---|---|---|
| 35 U.S.C. | The patent statute, passed by Congress | Appendix L |
| 37 C.F.R. | The USPTO's patent rules | Appendix R |
| MPEP | Examiner guidance applying both | Chapters 100–2900 |
Questions & answers
Is the MPEP binding law?
No. It is USPTO guidance for examiners. The binding sources are the statute (35 U.S.C.), the rules (37 C.F.R.) and court decisions.
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.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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MPEP.net. “What is the MPEP?.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/what-is-the-mpep/