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Applying for a patent can feel overwhelming, especially when you’re not sure how decisions are made behind the scenes. One of the key resources examiners use to evaluate patent applications is the Manual of Patent Examining Procedure or MPEP. While this manual might not be well-known outside patent law circles, it plays a major role in how the United States Patent and Trademark Office (USPTO) processes your application. In this post, we’ll walk you through what the MPEP is, how examiners use it, and how we use it to support your patent goals.
What Is the MPEP?
The MPEP is a detailed manual published by the USPTO. It provides guidance to patent examiners on how to review and evaluate patent applications. It includes explanations of patent laws, procedures, and court decisions that affect how applications are handled.
Think of it as an instruction manual for examiners—but it’s also a useful resource for applicants and attorneys. The MPEP helps ensure that examiners apply the same rules consistently and fairly, no matter who is reviewing the application. It’s updated periodically to reflect changes in patent law, recent court rulings, and updates in USPTO policy.
Even though the MPEP is technical and extensive, it serves a straightforward purpose: it helps everyone involved in the patent process stay on the same page.
How Patent Examiners Use the MPEP
Patent examiners use the MPEP every day. When they receive a new application, they rely on the manual to guide their analysis of whether the invention meets the requirements for patentability. These include:
- Novelty – Is the invention new?
- Non-obviousness – Would the invention be obvious to someone skilled in the field?
- Utility – Does the invention have a practical use?
The MPEP helps examiners interpret these requirements consistently. For example, if an examiner questions whether an invention is obvious, they can consult the MPEP for case law and specific examples that clarify how to make that determination.
This consistency benefits applicants, too. When you understand how examiners are instructed to review your application, it becomes easier to respond to rejections or improve your filing from the start.
How We Use the MPEP to Support Your Application
At Gearhart Law, we use the MPEP as a tool to help you strengthen your application and respond effectively to examiner feedback. We know what sections examiners are likely to rely on, and we use that knowledge to:
- Write clear, thorough applications that anticipate examiner concerns
- Respond to office actions with references to the same sections examiners use
- Identify examiner errors or inconsistencies in decision-making
- Support appeals with citations from the MPEP and related legal authority
You don’t have to read through hundreds of pages—we take care of that. We use the MPEP strategically to guide your application through the examination process and advocate for your patent rights at every stage.
Why the MPEP Matters to You
The MPEP may sound like an internal resource, but it directly affects your application. When you receive a rejection, the reasons often tie back to the MPEP. Understanding how examiners interpret your invention—and how we can counter that interpretation—makes a big difference in the outcome.
By using the same language and legal standards found in the MPEP, we speak the examiner’s language. That approach can often move things forward more efficiently and reduce the chances of prolonged back-and-forth.
If your application has been rejected or you’re unsure how to proceed, it’s worth talking to a patent attorney who works with the MPEP regularly. That way, your next step is based on strategy, not guesswork.
Let Us Help You Move Forward
At Gearhart Law, we use the MPEP every day to help clients protect their inventions. Whether you’re filing a new patent application, responding to a rejection, or pursuing an appeal, we’ll apply the same standards the USPTO uses—and use them to your advantage. Contact us today to schedule a consultation and learn how we can support your patent goals with insight, experience, and a thorough understanding of the process.