Go to MPEP - Table of Contents
608.03 Models, Exhibits, Specimens [R-2] - 600 Parts, Form, and Content of Application
608.03 Models, Exhibits, Specimens [R-2]
35 U.S.C. 114 Models, specimens.
The Director may require the applicant to furnish a model of convenient size to exhibit advantageously the several parts of his invention.
When the invention relates to a composition of matter, the Director may require the applicant to furnish specimens or ingredients for the purpose of inspection or experiment.
37 CFR 1.91 Models or exhibits not generally admitted as part of application or patent.
(a) A model or exhibit will not be admitted as part of the record of an application unless it:
(1) Substantially conforms to the requirements of § 1.52 or § 1.84;
(2) Is specifically required by the Office; or
(3) Is filed with a petition under this section including:
(i) The fee set forth in § 1.17(h); and
(ii) An explanation of why entry of the model or exhibit in the file record is necessary to demonstrate patentability.
(b) Notwithstanding the provisions of paragraph (a) of this section, a model, working model, or other physical exhibit may be required by the Office if deemed necessary for any purpose in examination of the application.
Models or exhibits are generally not admitted as part of an application or patent unless the requirements of 37 CFR 1.91 are satisfied.
With the exception of cases involving perpetual motion, a model is not ordinarily required by the Office to demonstrate the *>operability< of a device. If *>operability< of a device is questioned, the applicant must establish it to the satisfaction of the examiner, but he or she may choose his or her own way of so doing.
A physical exhibit, not to be part of the application, is generally not refused except when bulky or dangerous. Such exhibit, if left with the examiner, may be disposed of at the discretion of the Office.
37 CFR 1.93 Specimens.
When the invention relates to a composition of matter, the applicant may be required to furnish specimens of the composition, or of its ingredients or intermediates, for the purpose of inspection or experiment.
See MPEP Chapter 2400 regarding treatment of biotechnology deposits.
Go to MPEP - Table of Contents