Are specimens allowed in international design applications designating the United States?

No, specimens are not permitted in international design applications designating the United States. The MPEP clearly states: “In addition, specimens are not permitted in international design applications designating the United States. See 37 CFR 1.1027.“ This restriction is important for applicants to be aware of when preparing their international design applications that include the United…

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How are reproductions or specimens presented in an international design application?

According to MPEP 2909, reproductions or specimens in an international design application must be presented as follows: Reproductions may be in the form of photographs or other graphic representations of the industrial design They must be of a quality permitting all the details of the industrial design to be clearly distinguished Specimens may be submitted…

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How are models and exhibits handled in patent applications?

Models and exhibits received by the U.S. Patent and Trademark Office are handled as follows: They are taken to the Technology Center (TC) assigned to the related application for examination. Their receipt must be properly recorded on an artifact sheet. A label with the application number, filing date, and attorney’s information should be attached for…

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What happens to models, exhibits, or specimens after patent prosecution?

After patent prosecution, the handling of models, exhibits, or specimens depends on their nature and the applicant’s wishes. According to MPEP 608.03(a): ‘Upon conclusion of the prosecution of the application, model, exhibit, or specimen, unless the model, exhibit, or specimen has been destroyed during prosecution, the model, exhibit, or specimen may be returned to the…

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What happens to models, exhibits, or specimens after a patent application is allowed?

After a patent application is allowed, the handling of models, exhibits, or specimens depends on their size and nature. According to MPEP 608.03(a): Upon notification from the Office of Patent Application Processing (OPAP) that an application is being allowed, the model, exhibit, or specimen is transferred to a permanent location for storage. The specific handling…

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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.…

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