Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 patent prosecution, the disposal of models and exhibits follows these guidelines:
- The applicant may be called upon to reclaim them.
- They may be disposed of as the Director shall determine.
MPEP 715.07(d) states: Upon termination of prosecution, model and exhibit rooms will dispose of the exhibits in accordance with instructions from the deciding official. When a letter is mailed to the applicant requesting the reclamation of the exhibits within a specified time, failure to comply will be taken without further reminders as authorization to dispose of the exhibits.
- Exhibits Must Comply with RequirementsMPEP 715.07(d)
- Exhibits Must Comply With RequirementsMPEP 715.07(d)Required
- Affidavits Under 37 CFR 1.131(c)MPEP 715
- Requirement for Establishing Prior InventionMPEP 715Prohibited
- Affidavit Required for Prior InventionMPEP 715Required
- Original Drawings or Records Must Accompany AffidavitMPEP 715Required
- Requirement to Disqualify Commonly Owned Patent as Prior ArtMPEP 715Permitted
Tags:
Disposal,
Exhibits,
Models,
patent prosecution,
Reclamation