37 CFR § 1.91 — Models or exhibits not generally admitted as (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.91 Models or exhibits not generally admitted as
This page consolidates MPEP guidance interpreting 37 CFR § 1.91, including 26 rules 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.
Summary
This section outlines the procedures for petitioning the Office to admit models or exhibits that are not typically part of an application record, including required fees and compliance obligations.
What this section covers
- Defines petitions to admit models or exhibits that are not generally part of the application record.
- Identifies procedures for requesting admission through a petition under 37 CFR 1.91.
Key obligations
- Petitioners must submit a petition under 37 CFR 1.91 to admit models or exhibits.
- Provide a fee as specified in MPEP § 608.03.
Practice notes
- Ensure the petition clearly states the reasons for admitting the model or exhibit.
- Failure to include the required fee or oath/declaration can result in rejection of the petition.
Official MPEP § 1.91 — Models or exhibits not generally admitted as
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
- (c) Unless the model or exhibit substantially conforms to the requirements of § 1.52 or § 1.84 under paragraph (a)(1) of this section, it must be accompanied by photographs that show multiple views of the material features of the model or exhibit and that substantially conform to the requirements of § 1.84 .
[Revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a)(3)(i) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (c) added, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004]
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- Access Document Types
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- Examination Procedure
- Fees