What are the applicant’s responsibilities regarding models, exhibits, or specimens after a patent is granted?
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.…
Read MoreCan I request the return of my model, exhibit, or specimen from the USPTO?
Yes, you can request the return of your model, exhibit, or specimen from the USPTO. However, there are specific procedures and timeframes to follow. According to MPEP 608.03(a): A request for return of the model, exhibit, or specimen should be made within the period set forth in MPEP § 608.03(a). Here are the key points…
Read MoreWhat is the process for returning models, exhibits, or specimens to patent applicants?
The process for returning models, exhibits, or specimens to patent applicants is outlined in 37 CFR 1.94. Key points include: The USPTO may return items when they are no longer necessary for the conduct of business. Applicants are notified and must arrange for the return at their own expense. A time period (usually two months)…
Read MoreCan the USPTO destroy models, exhibits, or specimens during patent prosecution?
Yes, the USPTO can destroy models, exhibits, or specimens during patent prosecution under certain circumstances. The MPEP 608.03(a) states: ‘The United States Patent and Trademark Office will not return the model, exhibit, or specimen in the following cases: … (B) Where the model, exhibit, or specimen has been destroyed by a process of examination or…
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