The sole testable substantive change in the version of the MPEP that will be tested starting October 2021 is the US Supreme Court’s decision in Helsinn holding that even secret sales and uses are prior art. This is a simple, straightforward point, but one that’s frequently tested, so it’s worth having in the forefront of your mind.
If you received your books before September 2021, this change leads to the following changes to your materials:
Page L-24: Delete the final phrase from the sentence under the “On Sale” heading. (It is no longer required for a sale to “make the invention available to the public” for it to count for the “on sale” bar.)
Page L-40: The answer to Question # 5 is now (B).
Page 44 of the Study Guide Exercises & Practice Exam Materials: Exercise #3, Question #4: Modified to reflect that secret sales are prior art.
Page 93 of the Study Guide Exercises….: Exercise #2, Question #5: Now false since secret sales are prior art.
Page 96 of the Study Guide Exercises….: Exercise #3, Question #4: Now true since secret sales are prior art.
Page 105 of the Study Guide Exercises….: Exercise #6, Question #8: Now True since secret sales are prior art.
Page 107 of the Study Guide Exercises….: Exercise #6, Questions #17 and 18: Delete the references stating that sales must make the invention available to the public to constitute prior art. (The answers do not otherwise change.)
Page 120 of the Study Guide Exercises….: Mini Exam 3, Question #4: Modified to reflect that secret sales are prior art.
Misc:
Page 700-39: Add, at the end of the Section on RCEs: “For ‘national stage’ filings, all requirements of Section 371 must be met (e.g., the oath must have been submitted before an RCE is possible).”