What are the applicant’s responsibilities regarding models, exhibits, or specimens after a patent is granted?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

After a patent is granted, the applicant has specific responsibilities regarding models, exhibits, or specimens:

• The applicant is responsible for retaining the actual model, exhibit, or specimen for the enforceable life of the patent.
• This responsibility does not apply if:
  • The model or exhibit substantially conforms to the requirements of 37 CFR 1.52 or 1.84.
  • The model or exhibit has been described by photographs that substantially conform to 37 CFR 1.84.
  • The model, exhibit, or specimen is perishable.

As stated in 37 CFR 1.94(b), Applicant is responsible for retaining the actual model, exhibit, or specimen for the enforceable life of any patent resulting from the application. This ensures that the item is available if needed for future reference or legal proceedings.