Free Patent Bar practice questions

50 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 · Exam Foundations and the Clock

    A registered practitioner deposited a reply in a Priority Mail Express® drop box before the last scheduled pickup on Monday, May 12, 2025, but the USPS entered a "date accepted" of Tuesday, May 13, 2025. The practitioner wishes to petition under 37 CFR 1.10(d) for a filing date of May 12, 2025. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following must accompany or be shown in the petition? I. That the petition is filed promptly after the person becomes aware that the Office has accorded, or will accord, a filing date based upon an incorrect entry by the USPS. II. That the number of the Priority Mail Express® mailing label was placed on the papers constituting the correspondence prior to the original mailing. III. A showing that the correspondence was deposited prior to the last scheduled pickup on the requested filing date, corroborated by evidence from the USPS or by evidence that came into being after deposit and within one business day of the deposit.

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

11. Question 11 · Exam Foundations and the Clock

    In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following papers would NOT get the benefit of 37 CFR 1.8 if it were deposited in the U.S. mail, as first class mail, with a proper Certificate of Mailing on the last day of the applicable period?

    1. AA reply to a final Office action in a pending nonprovisional application
    2. BA Notice of Appeal with the appeal fee in a pending nonprovisional application
    3. CThe issue fee payment and fee transmittal sent in response to a Notice of Allowance and Fee(s) Due
    4. DA written declaration of abandonment under 37 CFR 1.138
    5. EA reply to a Notice to File Missing Parts supplying the inventor's oath and required fees in a nonprovisional application that already has a filing date

12. Question 12 · 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 correct concerning filing routes for patent correspondence?

    1. AA new patent application may be transmitted to the Office by facsimile if accompanied by a Certificate of Transmission under 37 CFR 1.8
    2. BA request for a continued prosecution application under 37 CFR 1.53(d) in a design application may be transmitted by facsimile, but it is not entitled to the benefit of a Certificate of Transmission
    3. CAn application sent by first class mail is accorded the date of deposit with the USPS as its filing date if the delay in delivery was unforeseeable
    4. DPriority Mail Express® sent to the Office using the 'Hold for Pickup' service option is accorded the date of deposit because the Office retrieves such mail daily
    5. EBecause the Office does not pick up mail, correspondence deposited in a mailbox for first class mail can never be used when the post office is closed due to an emergency

13. Question 13 · Exam Foundations and the Clock

    An Office action mailed Monday, February 24, 2025 set a three-month shortened statutory period for reply. The practitioner did not obtain an extension of time. She deposited the reply in the U.S. mail as first class mail with sufficient postage, properly addressed, and included a Certificate of Mailing. In accordance with the patent laws, rules and procedures as related in the MPEP, what is the latest date that may appear on the Certificate of Mailing for the reply to be timely without an extension of time?

    1. AMay 27, 2025
    2. BMay 23, 2025
    3. CMay 24, 2025
    4. DMay 25, 2025
    5. EMay 26, 2025

14. Question 14 · Exam Foundations and the Clock

    A practitioner places a new application in a Priority Mail Express® drop box at 8:00 p.m. on Tuesday, April 15, 2025, after the box's last scheduled pickup for that day (5:00 p.m.). The USPS acceptance clerk enters a "date accepted" of Wednesday, April 16, 2025. The label number was on the transmittal letter, and the Office receives the package on Friday, April 18, 2025. In accordance with the patent laws, rules and procedures as related in the MPEP, which statement is most accurate?

    1. AThe application is entitled to an April 15, 2025 filing date if the practitioner logged the deposit within one business day
    2. BThe application will be accorded April 18, 2025, because a deposit in a drop box does not comply with 37 CFR 1.10(a)
    3. CThe application will be accorded April 16, 2025, the "date accepted" indicated by the USPS acceptance clerk, because the paper was placed in the box after it had been cleared for the last time that day
    4. DThe application is entitled to an April 15, 2025 filing date because 37 CFR 1.10(d) permits correction whenever a drop-box deposit is made on the requested date
    5. EThe application will be accorded April 16, 2025, but the practitioner may obtain April 15, 2025 by a petition under 37 CFR 1.183 waiving the last-pickup requirement

15. Question 15 · Exam Foundations and the Clock

    On Tuesday, February 10, 2026, a law firm employee takes a completed reply to a post office, intending to mail it by Priority Mail Express® Post Office to Addressee service with sufficient postage and proper addressing. The USPS clerk refuses to accept it because of an interruption in Priority Mail Express® service. In accordance with the patent laws, rules and procedures as related in the MPEP, under which provision should the firm petition the Director to consider the correspondence filed on February 10, 2026?

    1. A37 CFR 1.10(e)
    2. B37 CFR 1.10(g)
    3. C37 CFR 1.10(h)
    4. D37 CFR 1.10(i)
    5. E37 CFR 1.10(c)

16. Question 16 · Exam Foundations and the Clock

    The Director has published in the Official Gazette and on the USPTO website a notice designating an interruption in Priority Mail Express® service. Practitioner Hall was unable to deposit a response with the USPS because of that designated interruption. Consider the following items: I. A statement establishing, to the satisfaction of the Director, that the correspondence would have been deposited with the USPS but for the designated interruption, and that the correspondence or copy is the original or a true copy of the correspondence originally attempted to be deposited on the requested filing date. II. A copy of the Priority Mail Express® mailing label showing the "date accepted." III. A petition filed in a manner designated by the Director promptly after Hall became aware of the designated interruption or emergency. In accordance with the patent laws, rules and procedures as related in the MPEP, which item(s) must be included in, or describe, a petition under 37 CFR 1.10(i)?

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

17. Question 17 · Exam Foundations and the Clock

    Registered practitioner Okafor routinely files replies by the Priority Mail Express® Post Office to Addressee service of the USPS, with each reply properly addressed under 37 CFR 1.1(a), bearing sufficient postage, and bearing the Priority Mail Express® mailing label number. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following statements is NOT in accordance with the petition procedures of 37 CFR 1.10?

    1. AIf the USPS returns a deposited reply because of an interruption or emergency in Priority Mail Express® service, Okafor may petition under 37 CFR 1.10(g), including a copy of the mailing label showing the 'date accepted'
    2. BIf a USPS employee refuses a reply because of an interruption or emergency in Priority Mail Express® service, Okafor may petition under 37 CFR 1.10(h), including a statement by the person who attempted the deposit
    3. CIf a reply cannot be deposited because of an interruption or emergency in Priority Mail Express® service designated by the Director, Okafor may petition under 37 CFR 1.10(i) in the manner designated by the Director
    4. DIf Okafor cannot deposit a reply because the Post Office facility closed early and no drop box is available, and the Director has designated no interruption or emergency, Okafor may petition under 37 CFR 1.10(h) to have the reply considered filed on the date of the attempted deposit
    5. EIf the USPS returns a deposited reply because it included insufficient payment for the Priority Mail Express® service, the petition procedure of 37 CFR 1.10(g) is not available

18. Question 18 · 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

19. Question 19 · 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

20. Question 20 · 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.

21. Question 21 · 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

22. Question 22 · 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.

23. Question 23 · 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

24. Question 24 · 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

25. Question 25 · 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

26. Question 26 · Who May Practice: Registration, Representation and Ethics

    Practitioner Sandoval is serving as a law clerk to an administrative judge and is participating personally and substantially in a particular matter. On Monday, 2 March 2026, a firm that represents one of the parties in that matter invites Sandoval to interview for an associate position. Which of the following is in accordance with the USPTO Rules of Professional Conduct?

    1. ASandoval may not negotiate for employment with that firm under any circumstances while the matter is pending, and may do so only after the matter is finally concluded
    2. BSandoval may negotiate for employment with the firm without any notification, because the prohibition on negotiating employment applies only to judges and other adjudicative officers themselves
    3. CSandoval may negotiate for employment with the firm only if all parties to the proceeding give informed consent, confirmed in writing
    4. DSandoval may negotiate for employment with that firm, but only after she has notified the judge for whom she is clerking
    5. ESandoval may negotiate for employment with the firm only if she is first timely screened from any participation in the matter and apportioned no part of any fee

27. Question 27 · Who May Practice: Registration, Representation and Ethics

    In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following practices regarding a practitioner's client trust account is NOT permitted?

    1. ADepositing the practitioner's own funds into the client trust account solely to pay bank service charges on that account, in an amount necessary for that purpose
    2. BMaking withdrawals from the client trust account by check payable to cash, provided the practitioner separately records the purpose of each such withdrawal
    3. CDepositing legal fees and expenses paid in advance into the client trust account and withdrawing them only as fees are earned or expenses are incurred
    4. DKeeping complete records of client trust account funds and other property and preserving them for five years after termination of the representation
    5. EKeeping property separate when two or more persons claim an interest in it until the dispute is resolved, while promptly distributing the portions not in dispute

28. Question 28 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Devane is selling her entire patent prosecution practice, including good will, to another firm. She complies with all of the conditions of 37 CFR 11.117 and gives each client written notice of the proposed sale, the client's right to retain other counsel or take possession of the file, and the presumption of consent. Client Halloran actually receives the written notice on Tuesday, 8 April 2025. Under 37 CFR 11.117, through what date may Halloran object or take other action before consent to the transfer of his file will be presumed?

    1. ATuesday, 8 July 2025, three months after receipt of the notice
    2. BThursday, 8 May 2025, thirty days after receipt of the notice
    3. CWednesday, 8 October 2025, six months after receipt of the notice
    4. DMonday, 7 July 2025, ninety days after receipt of the notice
    5. EWednesday, 9 April 2025, because consent is presumed unless the client objects immediately upon receipt

29. Question 29 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Marchetti wants to increase her patent prosecution business. In accordance with 37 CFR 11.702, which of the following is permissible?

    1. AMarchetti pays a licensing consultant a $500 bounty for each new client the consultant sends to her, and does not mention the arrangement to the clients
    2. BMarchetti enters a non-exclusive reciprocal referral agreement with a non-practitioner professional under which each refers clients to the other, and informs her clients of the existence and nature of the agreement
    3. CMarchetti places an electronic advertisement that omits the name and office address of any practitioner or firm responsible for its content, so that inquiries all route through a toll-free number
    4. DMarchetti gives a former client a discount on future services in exchange for the client's promise to recommend Marchetti to at least three companies
    5. EMarchetti agrees to refer all of her trademark work exclusively to a particular attorney in exchange for that attorney referring all patent work exclusively to her, without telling clients of the arrangement

30. Question 30 · Who May Practice: Registration, Representation and Ethics

    Orion Materials Corp. is the applicant in a nonprovisional application filed Tuesday, April 8, 2025, naming Kim and Patel as joint inventors. Each inventor signed an employment agreement obligating assignment to Orion. Kim has executed a declaration under 37 CFR 1.63, but Patel, who has left the company and can readily be reached, flatly refuses to execute any declaration. Orion's registered practitioner asks how to satisfy the inventor's oath or declaration requirement as to Patel. In accordance with the patent laws, rules and procedures as related in the MPEP, what is the most appropriate action?

    1. AFile a petition under pre-AIA 37 CFR 1.47(a) with proof that Patel refused to sign, so that the application may proceed as a 37 CFR 1.47 application.
    2. BFile a petition including the fee set forth in 37 CFR 1.17(g), a showing that Orion has sufficient proprietary interest in the matter, and a statement that the filing is appropriate to preserve the rights of the parties.
    3. CRemove Patel as a named inventor, because a substitute statement under 37 CFR 1.64 is available only where the inventor is deceased or under a legal incapacity.
    4. DHave Orion execute a substitute statement under 37 CFR 1.64 as to Patel that identifies Patel, identifies Orion and its relationship to Patel, and states that the circumstance is Patel's refusal to execute the oath or declaration under 37 CFR 1.63.
    5. ESubmit a substitute statement executed by Kim on Patel's behalf, since a joint inventor who has signed may state on information and belief the facts required of the non-signing inventor.

31. Question 31 · Who May Practice: Registration, Representation and Ethics

    Registered practitioner Alcott, a solo practitioner, wishes to divide the fee for prosecuting a client's application with registered practitioner Bhatt, who is not in Alcott's firm. Which of the following must be satisfied for the fee division to be proper? I. The division is in proportion to the services performed by each practitioner, or each practitioner assumes joint responsibility for the representation. II. The client agrees to the arrangement, including the share each practitioner will receive, and the agreement is confirmed in writing. III. The total fee is reasonable.

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

32. Question 32 · 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.

33. Question 33 · Who May Practice: Registration, Representation and Ethics

    In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following practitioner practices is NOT in accordance with the USPTO Rules of Professional Conduct governing communication with a client?

    1. AA practitioner reasonably consults with the client about the means by which the client's objectives are to be accomplished.
    2. BA practitioner receives a final Office action and, so as to present the client with a complete recommendation, waits until a response strategy has been fully developed three months later before informing the client that the claims were finally rejected.
    3. CA practitioner promptly complies with the client's reasonable requests for information about a pending application.
    4. DA practitioner explains the consequences of filing a request for continued examination versus an appeal to the extent reasonably necessary to permit the client to make an informed decision.
    5. EA practitioner consults with the client about a relevant limitation on the practitioner's conduct upon learning that the client expects assistance that the USPTO Rules of Professional Conduct do not permit.

34. Question 34 · Who May Practice: Registration, Representation and Ethics

    Baker is a registered patent attorney subject to the disciplinary jurisdiction of the Office. On Wednesday, February 5, 2025, the highest court of State X suspended Baker from the practice of law. Baker notified the OED Director on time. The OED Director obtained a certified copy of the suspension order and, without authorization from the Committee on Discipline, filed a complaint with the USPTO Director based on the state suspension and asked for a notice and order. The USPTO Director issued the notice to Baker under 37 CFR 11.24(b) on Thursday, March 6, 2025. In accordance with the patent laws, rules and procedures as related in the MPEP, by what date must Baker file a response, and what must that response show?

    1. ABy Friday, March 7, 2025; Baker must show by a preponderance of the evidence that the State X proceeding lacked due process.
    2. BBy Thursday, March 20, 2025; Baker must show that the OED Director had no authority to file the complaint without Committee on Discipline approval.
    3. CBy Tuesday, April 15, 2025; Baker must establish a genuine issue of material fact, on one of the grounds listed in 37 CFR 11.24(d)(1)(i)-(iv), that imposing the identical discipline would be unwarranted.
    4. DBy Monday, April 7, 2025; Baker must establish by clear and convincing evidence that reciprocal discipline should be imposed nunc pro tunc.
    5. EBy Monday, May 5, 2025; Baker must file an answer to the complaint under 37 CFR 11.36 together with supporting affidavits.

35. Question 35 · 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

36. Question 36 · 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

37. Question 37 · 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

38. Question 38 · 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

39. Question 39 · 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

40. Question 40 · 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

41. Question 41 · Building the Application: Filing Date and Parts

    A nonprovisional application was filed in 2011 (before September 16, 2012) with no application data sheet. On Wednesday, April 17, 2024, before payment of any issue fee, a registered practitioner wishes to submit an application data sheet to correct the residence of one inventor that was set forth incorrectly in the executed pre-AIA 37 CFR 1.63 declaration. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following is correct?

    1. ABecause no application data sheet was previously filed, the document must be titled simply "Application Data Sheet" and need contain only the applicant information section, since that is the only section being changed
    2. BThe document may contain only the new or changed information, and need not be signed, because an application data sheet is bibliographic data rather than a paper filed in the application
    3. CThe document must be titled "Supplemental Application Data Sheet," must contain each of the seven section headings of pre-AIA 37 CFR 1.76(b) with all appropriate data, must show the changes (preferably underlining for insertions and strike-through or brackets for deletions), and must be signed
    4. DA supplemental application data sheet may not be used for this purpose; a supplemental oath or declaration under pre-AIA 37 CFR 1.67 is required to correct an inventor's residence
    5. EThe document may be filed only with a petition, because supplemental application data sheets may not be submitted after the application has been filed

42. Question 42 · 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 is NOT required for a petition under 37 CFR 1.78(b), filed in 2025, to restore the benefit of a provisional application?

    1. AThe reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in an application data sheet unless previously submitted in an application data sheet
    2. BThe petition fee set forth in 37 CFR 1.17(m)
    3. CA statement that the delay in filing the subsequent nonprovisional application or international application designating the United States within the twelve-month period was unintentional
    4. DA showing of the specific facts and circumstances establishing that the entire delay was unavoidable
    5. EFiling of the petition in the subsequent application rather than in the provisional application

43. Question 43 · Building the Application: Filing Date and Parts

    Ridge Tools LLC, a juristic entity that is the applicant under 37 CFR 1.42, filed a utility application on Tuesday, June 13, 2023. Registered practitioner Alvarez filed the application and is named in the application transmittal papers as acting in a representative capacity under 37 CFR 1.34. Registered practitioner Boyd is also clearly identified as a representative in those transmittal papers. No power of attorney under 37 CFR 1.32(b) has been filed. Consider who may change the correspondence address at this point: I. Practitioner Boyd, who is named in the application transmittal papers and acts in a representative capacity under 37 CFR 1.34. II. Ridge Tools LLC, the applicant under 37 CFR 1.42, by a paper signed by a patent practitioner. III. Ridge Tools LLC's Director of Engineering, a non-practitioner with authority to act on behalf of the company, signing the change of address himself. In accordance with the patent laws, rules and procedures as related in the MPEP, which of these may change the correspondence address?

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

44. Question 44 · Building the Application: Filing Date and Parts

    Inventor Chen's provisional application was accorded a filing date of Friday, March 15, 2024. No request to convert the provisional application was filed. In accordance with the patent laws, rules and procedures as related in the MPEP, what is the last day on which a nonprovisional application may be filed that is entitled, without any petition, to claim the benefit of the provisional application under 35 U.S.C. 119(e)?

    1. AMonday, March 17, 2025
    2. BFriday, March 14, 2025
    3. CSaturday, March 15, 2025
    4. DMonday, May 19, 2025
    5. ETuesday, September 15, 2026

45. Question 45 · Building the Application: Filing Date and Parts

    A nonprovisional application filed in 2011 (i.e., before September 16, 2012) was filed with an application data sheet that correctly set forth the citizenship of inventor B, together with an executed pre-AIA 37 CFR 1.63 declaration that set forth a different, incorrect citizenship for inventor B. The same papers also showed a residence for inventor B in the ADS that differs from the residence shown in the declaration; the residence in the declaration is the correct one. In accordance with the patent laws, rules and procedures as related in the MPEP, what should the practitioner do?

    1. ASubmit a single supplemental application data sheet that repeats the correct citizenship and corrects the residence; no other paper is needed
    2. BSubmit a supplemental oath or declaration under pre-AIA 37 CFR 1.67 by inventor B setting forth the correct citizenship, and a supplemental application data sheet to correct the residence captured from the ADS
    3. CSubmit a supplemental oath or declaration under pre-AIA 37 CFR 1.67 for the citizenship; no paper is required as to the residence because the declaration governs residence information
    4. DSubmit a request under 37 CFR 1.48 to correct both the citizenship and the residence of inventor B
    5. ETake no action, because under pre-AIA 37 CFR 1.76(d)(3) the oath or declaration governs both citizenship and residence, so the Office record is already correct

46. Question 46 · 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

47. Question 47 · 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 concerning an application filed without all of the pages of the specification is NOT correct?

    1. AIf the application papers contain nothing that can be construed as a written description, OPAP will mail a Notice of Incomplete Application indicating that the application lacks the specification required by 35 U.S.C. 112 and no filing date is granted
    2. BAn applicant who wishes to submit the omitted page(s) in a nonprovisional application and accept the date of that submission as the application filing date must file the omitted page(s) together with a petition under 37 CFR 1.181 with the fee set forth in 37 CFR 1.17(h)
    3. CFailure to timely reply to an OPAP notice regarding omitted items in a nonprovisional application will result in abandonment of the application
    4. DAn applicant may accept the application as deposited by filing a substitute specification that renumbers the pages consecutively and cancels any incomplete sentences, without adding the subject matter of the omitted page(s) and without adding new matter
    5. EIn a non-design application filed under 37 CFR 1.53(b) on or after December 18, 2013 that contains something that can be construed as a specification, with or without claims, an OPAP notice will issue indicating that the papers have been accorded a filing date but lack some page(s) of the specification

48. Question 48 · Building the Application: Filing Date and Parts

    Consider the following statements about an application data sheet filed on June 4, 2024 in a nonprovisional application under 35 U.S.C. 111(a): I. Identifying a practitioner's registration number by reference to a customer number in the representative information section appoints that practitioner as attorney of record. II. Providing the application number, filing date, status and relationship of a prior-filed nonprovisional application under the domestic benefit information heading constitutes the specific reference required by 35 U.S.C. 120 and 37 CFR 1.78. III. Providing assignee information in the ADS substitutes for recording the assignment with the Office under 37 CFR part 3. Which statement or statements are in accordance with the patent laws, rules and procedures as related in the MPEP?

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

49. Question 49 · Building the Application: Filing Date and Parts

    OPAP mailed a Notice of Omitted Items dated Friday, March 14, 2025, in a nonprovisional application, stating that pages 7-9 of the specification were missing. The practitioner has a date-stamped postcard receipt showing that pages 7-9 were in fact deposited with the application papers and wishes to petition under 37 CFR 1.53(e) with the fee set forth in 37 CFR 1.17(f) to establish prior receipt. The practitioner timely obtains a one-month extension of time under 37 CFR 1.136(a). What is the last day on which the petition may be filed?

    1. AMay 14, 2025
    2. BMay 16, 2025
    3. CJune 14, 2025
    4. DJune 16, 2025
    5. EJuly 14, 2025

50. Question 50 · Building the Application: Filing Date and Parts

    On March 12, 2024, a registered practitioner filed a nonprovisional utility application under 35 U.S.C. 111(a) naming joint inventors Ames and Boyd. The filing included a signed Application Data Sheet (ADS) listing Boyd's residence as Reno, Nevada, and an executed inventor's declaration under 37 CFR 1.63 correctly listing Boyd's residence as Austin, Texas. The filing receipt issued showing Reno, Nevada. In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following is the most appropriate action to correct the record?

    1. AFile a corrected ADS under 37 CFR 1.76(c) listing both Ames and Boyd in the Inventor Information section and showing Boyd's residence change with strike-through or brackets for the removed text and underlining for the inserted text, with a request for a corrected filing receipt
    2. BDo nothing; because the executed declaration under 37 CFR 1.63 was submitted at the same time as the ADS and contains the correct residence, the declaration governs and the Office will capture the Austin residence
    3. CFile a request under 37 CFR 1.48 to correct the residence of inventor Boyd, since residence is part of the inventorship information governed by 37 CFR 1.41
    4. DFile a supplemental inventor's oath or declaration under 37 CFR 1.67 reciting the corrected residence; the most recent submission governs and no ADS is needed
    5. EFile a corrected ADS showing Boyd's Austin residence as clean text without underlining or strike-through, because the correct residence already appears in the declaration of record