Can exhibits be returned after patent examination?
Can exhibits be returned after patent examination?
Yes, exhibits can be returned after patent examination, but there are specific procedures to follow:
- Request: The applicant must request the return of the exhibit in writing.
- Timing: The request should be made after the application is allowed or abandoned.
- Conditions: The exhibit must not be necessary for the file record.
- Expenses: The applicant is responsible for all expenses related to the return.
According to MPEP 608.03(a), “Upon request by applicant for the return of a model, exhibit or specimen in an application which has been allowed or abandoned, the model, exhibit or specimen may be returned to the applicant at applicant’s expense.” This provision allows applicants to retrieve their exhibits while ensuring the USPTO maintains necessary records.
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