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608.03(a) Handling of Models, Exhibits, and Specimens [R-2] - 600 Parts, Form, and Content of Application
608.03(a) Handling of Models, Exhibits, and Specimens [R-2]
All models and exhibits received in the U.S. Patent and Trademark Office should be taken to the Technology Center (TC) assigned the related application for examination. The receipt of all models and exhibits which are to be entered into the application file record must be properly recorded on the "Contents" portion of the application file wrapper >or, if the application is an Image File Wrapper (IFW) application, on an artifact sheet. For IFW processing, see IFW Manual section 3.6<.
A label indicating the application number, filing date, and attorney's name and address should be attached to the model or exhibit so that it is clearly identified and easily returned after prosecution of the application is closed, if return is requested and the model or exhibit is deemed not necessary for the examination of the application. See 37 CFR 1.94.
If the model or exhibit cannot be conveniently stored within the application file wrapper >or in an artifact folder<, it should not be accepted.
Models and exhibits may be presented for demonstration purposes during an interview. The models and exhibits should be taken away by applicant or his/her attorney or agent at the conclusion of the interview since models or exhibits are generally not permitted to be admitted as part of the application or patent unless the requirements of 37 CFR 1.91 are satisfied. See MPEP § 713.08. A full description of what was demonstrated or exhibited during the interview must be made of record. See 37 CFR 1.133. Any model or exhibit that is left with the examiner at the conclusion of the interview, which is not made part of the application or patent, may be disposed of at the discretion of the Office.
37 CFR 1.94 Return of models, exhibits or specimens.
**>Models, exhibits, or specimens in applications which have become abandoned, and also in other applications on conclusion of the prosecution, may be returned to the applicant upon demand and at his expense, unless it is deemed necessary that they be preserved in the Office. Such physical exhibits in contested cases may be returned to the parties at their expense. If not claimed within a reasonable time, they may be disposed of at the discretion of the Director.<
Upon request by applicant for the return of a model or exhibit, the model or exhibit will be returned to applicant at applicant's expense if (*>A<) the examiner determines that it is not necessary to preserve the model or exhibit in the Office, and (*>B<) the model or exhibit has not been earlier disposed of by the Office. A letter should be written to applicant by the TC stating that the model or exhibit is being returned under separate cover, and the model or exhibit should be forwarded with a copy of the letter and an address label to the Mail Center for wrapping and return.
For disposition of exhibits which are part of the record, see MPEP § 715.07(d).
For plant specimens, see MPEP § 1607 and 37 CFR 1.166.
37 CFR 1.95 Copies of exhibits.
**>Copies of models or other physical exhibits will not ordinarily be furnished by the Office, and any model or exhibit in an application or patent shall not be taken from the Office except in the custody of an employee of the Office specially authorized by the Director.<
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