Free Patent Bar practice questions

25 questions. Pick an answer to see the explanation.

1. Question 1 · Exam Foundations and the Clock

   Inventor Ortiz filed a provisional application on Friday, July 5, 2024. She wants to file a nonprovisional application claiming the benefit of the provisional under 35 U.S.C. 119(e). In accordance with the patent laws, rules and procedures as related in the MPEP, what is the last day she may file the nonprovisional application and still claim the benefit of the provisional, without any petition to restore the benefit?

   1. AFriday, July 4, 2025
   2. BSaturday, July 5, 2025
   3. CThursday, July 3, 2025
   4. DTuesday, July 8, 2025
   5. EMonday, July 7, 2025

2. Question 2 · Exam Foundations and the Clock

   A practitioner deposited an appeal brief with a USPS employee using Priority Mail Express® Post Office to Addressee service, but did not place the Priority Mail Express® mailing label number on the brief or on any attached paper before mailing. The Office never received the brief. The practitioner promptly files a petition under 37 CFR 1.10(e) with a copy of the brief, the returned postcard receipt, a copy of the mailing label showing the "date accepted," and the required statement. In accordance with the MPEP, what is the most likely outcome?

   1. AThe petition will be granted, because a returned postcard receipt is convincing evidence of the contents and date of the deposit
   2. BThe petition will be granted, because 37 CFR 1.10(b) does not require the mailing label number to be placed on the correspondence
   3. CThe petition will be denied, but the requirement may be waived under 37 CFR 1.183 upon a showing that the omission was inadvertent
   4. DThe petition will be granted if the practitioner maintained a Priority Mail Express® log book entry made within one business day of deposit
   5. EThe petition will be denied, because relief will not be granted under 37 CFR 1.10(e) if the mailing label number did not appear on the correspondence as originally filed, even if the other requirements are satisfied

3. Question 3 · Exam Foundations and the Clock

   Thursday, February 5, 2026 is the last day of a set period, and registered practitioner Diaz must get a request for a continued prosecution application (CPA) of a design application under 37 CFR 1.53(d) into the Office that day. The USPTO patent electronic filing system is unavailable to Diaz's firm that day. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following is the most appropriate action to obtain a February 5, 2026 filing date for the CPA?

   1. ADeposit the CPA request in the U.S. mail as first class mail with a Certificate of Mailing under 37 CFR 1.8 dated February 5, 2026
   2. BTransmit the CPA request to the Office by facsimile so that the complete transmission is received on February 5, 2026
   3. CDeposit the CPA request in a Priority Mail Express® drop box on February 5, 2026 after the last scheduled pickup
   4. DDeposit the CPA request in the U.S. mail as first class mail and later petition under 37 CFR 1.10(e) to accord a February 5, 2026 filing date
   5. EDeposit the CPA request in the U.S. mail as first class mail with a Certificate of Transmission under 37 CFR 1.8 dated February 5, 2026

4. Question 4 · Exam Foundations and the Clock

   Registered practitioner Chen intends to deposit several papers in the U.S. mail with a Certificate of Mailing under 37 CFR 1.8 on the last day of a set period. Consider the following papers: I. A written declaration of abandonment under 37 CFR 1.138. II. An amendment replying to a non-final Office action in a pending nonprovisional application. III. The copy of the international application and the basic national fee needed to enter the national stage, as specified in 37 CFR 1.495(b). In accordance with the patent laws, rules and procedures as related in the MPEP, for which paper(s) will NO benefit be given to a Certificate of Mailing?

   1. AI only
   2. BII only
   3. CIII only
   4. DI and III
   5. EI, II and III

5. Question 5 · Exam Foundations and the Clock

   In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following statements is NOT correct regarding obtaining a filing date as of the date of mailing?

   1. AThe statutory authority for according a filing date based on the date of deposit for correspondence sent by Priority Mail Express® and received by the Office is 35 U.S.C. 21(a)
   2. BThe procedure of 37 CFR 1.10 is limited to correspondence deposited in the Priority Mail Express® Post Office to Addressee service of the USPS
   3. CThe "date accepted" on the Priority Mail Express® mailing label must be completed by the USPS, not by the applicant
   4. DCorrespondence deposited in International Express Mail may be accorded the date of deposit as its filing date in the same manner as Priority Mail Express®
   5. EIf the USPS deposit date cannot be determined, the correspondence will be accorded the date of receipt in the Office as the filing date

6. Question 6 · Exam Foundations and the Clock

   A registered practitioner living in Munich, Germany must file a reply to a non-final Office action before the period for reply expires. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following statements is most accurate?

   1. ADepositing the reply with the German postal service with a Certificate of Mailing under 37 CFR 1.8 will make the reply timely as of the certificate date
   2. BThe Certificate of Mailing procedure does not apply to papers mailed in a foreign country, but a Certificate of Transmission may be used for a facsimile transmission or a transmission via the USPTO patent electronic filing system from a foreign country
   3. CNeither the Certificate of Mailing nor the Certificate of Transmission procedure is available to a person transmitting correspondence from outside the United States
   4. DA Certificate of Transmission signed abroad is effective only if the practitioner also files a duplicate copy under 37 CFR 1.8(b) within one month
   5. ECorrespondence transmitted from a foreign country may obtain the benefit of 37 CFR 1.8 only if it is also deposited as Priority Mail Express® under 37 CFR 1.10

7. Question 7 · Exam Foundations and the Clock

   A practitioner completes a facsimile transmission of a paper to the USPTO on Saturday, October 11, 2025. The paper has no certificate of transmission. A second, unrelated paper is submitted via the USPTO patent electronic filing system and is received in the Office on that same Saturday, October 11, 2025, in Eastern Time. In accordance with the patent laws, rules and procedures as related in the MPEP, what receipt dates will the Office accord?

   1. AThe facsimile paper will be stamped Tuesday, October 14, 2025 and the electronically filed paper Saturday, October 11, 2025
   2. BBoth papers will be accorded a receipt date of Saturday, October 11, 2025
   3. CBoth papers will be accorded a receipt date of Tuesday, October 14, 2025
   4. DThe facsimile paper will be stamped Monday, October 13, 2025 and the electronically filed paper Saturday, October 11, 2025
   5. EThe facsimile paper will be stamped Saturday, October 11, 2025 and the electronically filed paper Tuesday, October 14, 2025

8. Question 8 · Exam Foundations and the Clock

   In accordance with the patent laws, rules and procedures as related in the MPEP, a registered practitioner deposits a complete nonprovisional application directly with a USPS employee using the Priority Mail Express® Post Office to Addressee service on Saturday, March 15, 2025. The USPS clerk enters "March 15, 2025" as the "date accepted" on the mailing label, and the Priority Mail Express® mailing label number appears on the transmittal letter itemizing the papers. The Office physically receives the package on Tuesday, March 18, 2025. What filing date should the application receive?

   1. AMarch 17, 2025, because the Office is not open for the filing of correspondence on Saturdays and the deposit date rolls forward to the next business day
   2. BMarch 18, 2025, because a paper is filed on the date it is actually received in the Office unless a petition under 37 CFR 1.10(c) is granted
   3. CMarch 15, 2025, because correspondence filed in accordance with 37 CFR 1.10 is stamped with the date of deposit even if that date is a Saturday, Sunday or Federal holiday
   4. DMarch 15, 2025, but only if the practitioner also files a petition under 37 CFR 1.10(c) with a true copy of the mailing label
   5. EMarch 18, 2025, because the benefit of the deposit date under 37 CFR 1.10 is available only for papers deposited on a day the Office is open

9. Question 9 · Exam Foundations and the Clock

   On Monday, March 9, 2026, the last day of the period for reply, registered practitioner Kim handed a reply to a USPS employee at a Post Office counter before the last scheduled pickup for that day. The reply was sent by Priority Mail Express® Post Office to Addressee service, properly addressed under 37 CFR 1.1(a) with sufficient postage, and the Priority Mail Express® label number was written on the reply before mailing. The USPS employee failed to enter any "date accepted" on the label, and there is no other official USPS notation of the deposit date. The Office received the reply on Wednesday, March 11, 2026 and gave it that date as its filing date. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following is the most appropriate action for Kim to have the reply treated as timely?

   1. APromptly petition under 37 CFR 1.10(c), including a true copy of the Priority Mail Express® mailing label, to accord the reply a filing date as of the "date accepted" on the label
   2. BPromptly petition under 37 CFR 1.10(e), because Priority Mail Express® correspondence that lacks a "date accepted" is treated as not received by the Office
   3. CPromptly petition under 37 CFR 1.10(d), including a showing that the reply was deposited on March 9, 2026 before the last scheduled pickup, corroborated by evidence from the USPS or evidence that came into being after deposit and within one business day of deposit
   4. DPromptly file a statement under 37 CFR 1.8(b) attesting on a personal knowledge basis that the reply was mailed on March 9, 2026
   5. EPromptly petition under 37 CFR 1.10(d), including a showing of the March 9, 2026 deposit corroborated only by a declaration Kim signed on Wednesday, March 25, 2026

10. Question 10 · Who May Practice: Registration, Representation and Ethics

    On Monday, 6 October 2025, client Weller tells registered practitioner Duarte that the claimed invention was placed on sale more than a year before the application's filing date. Weller asks Duarte to prepare and file a declaration that Duarte knows would falsely state that the first offer for sale occurred later. Weller says he will find another attorney if Duarte refuses. What is the most appropriate response under the USPTO Rules of Professional Conduct?

    1. ADuarte may prepare the declaration because 37 CFR 11.102(a) requires a practitioner to abide by the client's decisions concerning the objectives of the representation
    2. BDuarte must prepare the declaration but must simultaneously disclose the true sale date to the Office under 37 CFR 11.106(c), thereby curing the conflict
    3. CDuarte may prepare the declaration if Weller gives informed consent, confirmed in writing, after being advised of the desirability of seeking independent legal counsel
    4. DDuarte must refuse and is required to reveal the proposed conduct to the client's competitors to prevent substantial injury to their financial interests
    5. EDuarte must refuse to prepare the declaration, but may discuss with Weller the legal consequences of the proposed course of conduct and may counsel Weller in a good-faith effort to determine the validity, scope, meaning or application of the on-sale provisions

11. Question 11 · Who May Practice: Registration, Representation and Ethics

    Practitioner Okoye has determined that a proposed new representation would involve a concurrent conflict of interest under 37 CFR 11.107(a). Which of the following must be satisfied before Okoye may nevertheless undertake the representation? I. Okoye reasonably believes that she will be able to provide competent and diligent representation to each affected client. II. The representation does not involve the assertion of a claim by one client against another client represented by Okoye in the same litigation or other proceeding before a tribunal. III. Each affected client gives informed consent, confirmed in writing.

    1. AI only
    2. BI and III only
    3. CII and III only
    4. DI, II and III
    5. EIII only

12. Question 12 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Halvorsen is approached by Pratt, an independent inventor with limited funds. Pratt asks Halvorsen to prepare and file a provisional application only, and states that Pratt will decide later whether to hire counsel for the non-provisional filing and prosecution. Halvorsen believes this arrangement is sensible given Pratt's budget and the simplicity of the disclosure. In accordance with the USPTO Rules of Professional Conduct, which of the following statements is most accurate?

    1. AHalvorsen may limit the scope of the representation to preparation and filing of the provisional application if the limitation is reasonable under the circumstances and Pratt gives informed consent.
    2. BHalvorsen may not limit the scope of the representation, because a practitioner must abide by the client's decisions concerning the objectives of the representation and must pursue those objectives to completion.
    3. CHalvorsen may limit the scope of the representation only if the limitation is set out in a writing signed by Pratt and Pratt is advised in writing of the desirability of seeking independent legal counsel about the limitation.
    4. DHalvorsen may limit the scope of the representation only if Halvorsen first obtains approval of the limitation from the Office of Enrollment and Discipline.
    5. EHalvorsen may limit the scope of the representation only if Halvorsen reduces the fee in proportion to the services omitted and confirms the reduction in writing.

13. Question 13 · Who May Practice: Registration, Representation and Ethics

    In accordance with the USPTO Rules of Professional Conduct, which of the following is NOT a circumstance in which a practitioner may reveal information relating to the representation of a client without the client's informed consent?

    1. ATo the extent reasonably necessary to prevent the client from engaging in inequitable conduct before the Office in furtherance of which the client is using the practitioner's services
    2. BTo the extent reasonably necessary to secure legal advice about the practitioner's own compliance with the USPTO Rules of Professional Conduct
    3. CTo the extent reasonably necessary to respond to allegations in a proceeding concerning the practitioner's representation of the client
    4. DTo the extent reasonably necessary to prevent, mitigate or rectify substantial injury to the financial interests of another that has resulted from the client's crime or fraud in furtherance of which the client used the practitioner's services
    5. ETo the extent the practitioner believes disclosure will persuade the client to abandon a continuing application that the practitioner considers unlikely to issue

14. Question 14 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Tan maintained a client trust account and other client property in connection with her representation of client Grayson. The representation terminated on Friday, 15 March 2024. In accordance with the USPTO Rules of Professional Conduct, for how long must Tan preserve the complete records of those account funds and other property?

    1. AUntil at least 15 March 2029, five years after termination of the representation.
    2. BUntil at least 15 March 2027, three years after termination of the representation.
    3. CUntil at least 15 March 2031, seven years after termination of the representation.
    4. DFor five years measured from the date each record was created, so that records made before March 2024 may be destroyed earlier.
    5. EUntil the final fee statement is rendered and any disputed funds are distributed, after which no minimum retention period applies.

15. Question 15 · Who May Practice: Registration, Representation and Ethics

    In accordance with 37 CFR 11.705, which of the following is proper?

    1. AA solo registered patent attorney in private practice uses the trade name "Cascade Patent Works" on her letterhead, where the name implies no connection with a government agency or with a public or charitable legal services organization and is not otherwise misleading
    2. BA firm continues to include the name of a partner in the firm name and on its letterhead throughout the four years during which that partner, having been appointed to a state public office, does not actively and regularly practice with the firm
    3. CA firm practices under the trade name "United States Patent Advisory Bureau" to convey its concentration in Office practice
    4. DA firm uses the trade name "Inventors' Free Patent Aid Society" although it is a for-profit private firm charging market rates
    5. EA firm letterhead states that the firm's practitioners are "certified patent specialists" without naming any certifying organization

16. Question 16 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Iyer is retained by Helio Devices, Inc. to prosecute and license its patent portfolio, and Helio's vice-president of engineering is her designated contact. On Monday, 10 February 2025, the vice-president instructs Iyer to draft an exclusive license of Helio's most valuable patents, at a nominal royalty, to a company Iyer discovers the vice-president secretly owns. The deal violates the vice-president's legal obligations to Helio and is likely to cause Helio substantial injury. The vice-president refuses to abandon it. What is the most appropriate action for Iyer under the USPTO Rules of Professional Conduct?

    1. AIyer shall proceed as is reasonably necessary in the best interest of Helio and, unless she reasonably believes it is not necessary in Helio's best interest, shall refer the matter to higher authority in the organization, including if warranted the highest authority that can act for Helio
    2. BIyer must immediately report the vice-president's conduct to the Office of Enrollment and Discipline, because a practitioner may never conceal a violation of law by a client's employee
    3. CIyer must keep the information confidential from Helio's board of directors, because the vice-president is her designated contact and she therefore represents him as well as the organization
    4. DIyer must immediately withdraw and take no further action, because a practitioner may not act contrary to the instructions of an officer who is the client's duly authorized contact
    5. EIyer may immediately reveal the proposed license to the public and to the licensee's competitors under 37 CFR 11.113(c), because the conduct is likely to result in substantial injury to Helio

17. Question 17 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Omar Reyes failed to comply with the requirements of 37 CFR 11.11(a)(2). The OED Director published and sent him a notice under 37 CFR 11.11(b)(1) advising him of the noncompliance and demanding compliance and payment of the delinquency fee. Mr. Reyes did nothing, and the OED Director published and sent him a notice to show cause why he should not be administratively suspended. Consider the following statements: I. Mr. Reyes was required to comply with the requirements specified in the first notice, including payment of the delinquency fee, within 60 days after the date of that notice. II. Mr. Reyes is allowed 30 days from the date of the notice to show cause to file a response with the USPTO Director, and must serve the OED Director with a copy of the response at the time it is filed. III. If the USPTO Director enters an order administratively suspending him, Mr. Reyes may seek a stay of the suspension during the pendency of review of that decision. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the statements is or are correct?

    1. AI only
    2. BII only
    3. CI and II
    4. DII and III
    5. EI, II and III

18. Question 18 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Marsh failed to respond to an Office action and the application went abandoned. Former client Nevins, who is not represented by any other counsel, threatens a malpractice claim, and Marsh wants to settle it with a cash payment in exchange for a release. Separately, Marsh proposes to add a clause to all future engagement letters capping her malpractice liability. In accordance with the USPTO Rules of Professional Conduct, which of the following is correct?

    1. AMarsh may settle with Nevins only if Nevins is advised in writing of the desirability of seeking, and is given a reasonable opportunity to seek, the advice of independent legal counsel; and Marsh may include a prospective liability cap only if the client is independently represented in making that agreement.
    2. BMarsh may settle with Nevins if the settlement amount is fair and fully disclosed in writing, and may include a prospective liability cap in any engagement letter if the client gives informed consent confirmed in writing.
    3. CMarsh may not settle a potential malpractice claim with an unrepresented former client under any circumstances, but may include a prospective liability cap if the cap is reasonable.
    4. DMarsh may settle with Nevins without condition because the representation has already terminated, but may never make an agreement prospectively limiting liability to a client for malpractice.
    5. EMarsh may settle with Nevins and include a prospective liability cap, provided Marsh first reports the missed deadline to the Office of Enrollment and Discipline.

19. Question 19 · Building the Application: Filing Date and Parts

    On September 9, 2025, a registered practitioner electronically filed a nonprovisional utility application under 35 U.S.C. 111(a). The filing included a specification, claims, drawings, and a document titled "Application Data Sheet" that contained all seven section headings, including a foreign priority claim to a Japanese application. The practitioner inadvertently left the ADS unsigned. No other paper contained the priority claim. In accordance with the patent laws, rules and procedures as related in the MPEP, which statement best describes the effect and the most appropriate action?

    1. AThe unsigned ADS is nonetheless part of the application because it bears the required title and headings, so the foreign priority claim is effective as of the application filing date
    2. BThe unsigned ADS is effective for all bibliographic data except the foreign priority claim, which may be perfected only by amending the first sentence of the specification
    3. CThe Office will not accord a filing date to the application until a signed ADS is furnished in reply to a notice of incomplete application
    4. DThe unsigned ADS may be ratified at any time up to payment of the issue fee without a petition, because a signature defect is not a benefit or priority claim defect
    5. EThe unsigned ADS is treated only as a transmittal letter, so no foreign priority claim has been made; the practitioner should promptly file a signed ADS containing the priority claim within the period set by 37 CFR 1.55

20. Question 20 · Building the Application: Filing Date and Parts

    In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following statements about the use of Patent Law Treaty Model International Forms and the Patent Cooperation Treaty Request Form in lieu of an application data sheet is NOT correct?

    1. AThe requirement of 37 CFR 1.55 or 1.78 for presentation of a priority or benefit claim in an application data sheet can be satisfied by presentation of that claim in the Patent Law Treaty Model International Request Form
    2. BThe requirement of 37 CFR 1.57(a) for a reference to a previously filed application in an application data sheet can be satisfied by presentation of that reference in the Patent Law Treaty Model International Request Form
    3. CWhere information in an application data sheet is inconsistent with information supplied at any time in a Patent Law Treaty Model International Request Form, the information in the application data sheet governs
    4. DThe requirement of 37 CFR 1.46 for presentation of the name of the applicant under 35 U.S.C. 118 in an application data sheet can be satisfied by presentation of that name in the Patent Law Treaty Model International Request for Recordation of Change in Applicant or Owner Form, as applicable
    5. EIf a Patent Cooperation Treaty Request Form is submitted in an application under 35 U.S.C. 111, it need not be accompanied by any indication of how the applicant wishes the application to be treated, because 37 CFR 1.76(g) itself designates the application as one under 35 U.S.C. 111

21. Question 21 · Building the Application: Filing Date and Parts

    In accordance with the patent laws, rules and procedures as related in the MPEP, consider the following. Registered practitioner Diaz filed a nonprovisional utility application under 35 U.S.C. 111(a) for inventor Kim before September 16, 2012, so the pre-AIA rules apply. The transmittal letter named Diaz and registered practitioner Evans as representatives. Kim did not file an oath or declaration with the application, and no power of attorney was filed. The application data sheet (ADS) gives a typed correspondence address. The application transmittal gives a Customer Number associated with a different address as the correspondence address. The applicant specifically directed the Office to use each of these non-matching addresses. Months later, Kim filed an executed declaration under pre-AIA 37 CFR 1.63 that does not include any correspondence address. Which of the following statements is or are correct? I. The Office will use the typed correspondence address in the ADS rather than the Customer Number address in the transmittal letter. II. Kim's later-filed declaration does not affect the correspondence address established when the application was filed. III. After Kim's declaration is filed, Evans may still change the correspondence address under pre-AIA 37 CFR 1.33(a)(1) because he was named in the transmittal papers.

    1. AI only
    2. BI and II
    3. CII and III
    4. DI and III
    5. EI, II and III

22. Question 22 · Building the Application: Filing Date and Parts

    On Friday, March 14, 2025, OPAP mailed a "Notice of Omitted Items" in a nonprovisional utility application, stating that one drawing figure referred to in the specification was missing. The practitioner believes the figure was in fact filed with the application papers. She plans to file a petition under 37 CFR 1.53(e) with the fee under 37 CFR 1.17(f) and evidence that the figure was filed, but she needs more time to gather the evidence. She obtains and pays for a one-month extension of time under 37 CFR 1.136(a). In accordance with the patent laws, rules and procedures as related in the MPEP, what is the last day on which the petition may be timely filed?

    1. AMonday, June 16, 2025
    2. BWednesday, May 14, 2025
    3. CSaturday, June 14, 2025
    4. DMonday, July 14, 2025
    5. EMonday, May 19, 2025

23. Question 23 · Building the Application: Filing Date and Parts

    Registered practitioner Chen filed a continuation application under 35 U.S.C. 111(a) on May 6, 2025. The properly signed ADS filed with it gave the parent application's number and filing date under the domestic benefit information heading but left the relationship between the applications blank. The filing receipt shows no benefit claim. Chen is still well within the time period set by 37 CFR 1.78 for presenting a benefit claim. No action has been taken on the merits. In accordance with the patent laws, rules and procedures as related in the MPEP, what is the most appropriate action for Chen?

    1. AFile a corrected ADS underlining only the added relationship "continuation of," since the parent application number and filing date already appear in the ADS filed with the application
    2. BAmend the first sentence of the specification to recite that the application is a continuation of the parent, since a specific reference in the specification perfects the benefit claim without an ADS
    3. CFile a corrected ADS in which the entire benefit claim, including the parent application number, filing date and the relationship "continuation of," is shown with underlining, together with a request for a corrected filing receipt
    4. DFile a corrected ADS presenting the benefit claim together with a petition for an unintentionally delayed benefit claim under 37 CFR 1.78(c), since a benefit claim missing from the filing receipt can be added only by petition
    5. EFile a corrected ADS presenting the complete benefit claim without markings, since an ADS adding a claim that never appeared on a filing receipt is treated as an original ADS

24. Question 24 · Building the Application: Filing Date and Parts

    Three months after filing a provisional application, a practitioner wishes to file papers in that provisional application. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following statements about amending a provisional application after its filing date is correct?

    1. AAny amendment may be filed so long as it does not introduce new matter and is filed before the provisional is abandoned
    2. BNo amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made after the filing date of the provisional application
    3. CAmendments are permitted only in response to a notice from the Office, since provisional applications are examined for compliance with 35 U.S.C. 112(a)
    4. DAmendments adding claims are permitted at any time during the 12-month pendency without payment of any fee
    5. ENo paper of any kind may be filed in a provisional application after its filing date

25. Question 25 · Building the Application: Filing Date and Parts

    A nonprovisional application was filed under 35 U.S.C. 111(a) on February 11, 2025. It included a signed ADS naming inventors A, B and C, and an executed declaration under 37 CFR 1.63, signed only by A and B, that correctly names A and B as the only inventors. In accordance with the patent laws, rules and procedures as related in the MPEP, which statement is true?

    1. AThe Office will capture the inventorship as A and B from the declaration, because the naming of inventorship is always taken from the executed inventor's oath or declaration
    2. BThe Office will capture the inventorship as A, B and C, and the applicant may remove C by filing a corrected ADS under 37 CFR 1.76(c) showing C with strike-through
    3. CBecause the documents were filed at the same time, the Office will hold the application incomplete and require the applicant to elect which document controls before according a filing date
    4. DThe Office will capture the inventorship as A, B and C from the ADS, and to correct the inventorship the applicant must submit a request under 37 CFR 1.48
    5. EThe Office will capture the inventorship as A and B because the most recent submission governs, and the declaration is treated as later filed than the ADS