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…
Read MoreHow 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…
Read MoreAre plant specimens required for plant patent applications?
Plant specimens are not automatically required for plant patent applications. However, as stated in MPEP 1607, “The applicant may be required to furnish specimens of the plant, or its flower or fruit, in a quantity and at a time in its stage of growth as may be designated, for study and inspection.” This means that…
Read MoreHow 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…
Read MoreWhat are the storage procedures for models, exhibits, and specimens at the USPTO?
The USPTO has specific procedures for storing models, exhibits, and specimens. According to MPEP 608.03(a): ‘All models and exhibits in easily transportable form which are admitted to the application or proceeding are officially filed and entered of record in the file wrapper. A receipt for the same is given to the applicant or party by…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreHow are models, exhibits, or specimens handled in patent applications?
Models, exhibits, or specimens are generally not admitted as part of a patent application, but they may be required during the prosecution process. The MPEP states: “A model, exhibit, or specimen is normally not admitted as part of the application, although it may be required in the prosecution of the application (37 CFR 1.91 and…
Read MoreWhat 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…
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