Can I request the return of my model, exhibit, or specimen from the USPTO?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance 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.

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 to remember:

  • Make the request before the application is allowed or within two months after the date of the Notice of Allowance.
  • Include a proper postage paid return address sticker with the request.
  • If the item is not claimed within the specified period, the USPTO may dispose of it at its discretion.

It’s important to act promptly if you wish to have your items returned, as the USPTO is not obligated to store them indefinitely.

Topics: Patent Law Patent Procedure
Tags: Exhibits, Models, Return Request, Specimens, USPTO