Can models or exhibits be presented during patent interviews?

Yes, models and exhibits can be presented for demonstration purposes during a patent interview. However, there are specific guidelines to follow:

  • The models and exhibits should be taken away by the applicant or their representative at the conclusion of the interview.
  • They are generally not permitted to be admitted as part of the application or patent unless the requirements of 37 CFR 1.91 are satisfied.
  • A full description of what was demonstrated or exhibited during the interview must be made of record, as per 37 CFR 1.133.

The MPEP states, Any model or exhibit that is left with the examiner at the conclusion of the interview, which is not made part of the application or patent, may be disposed of at the discretion of the Office. (MPEP 608.03(a))

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Topics: Patent Law, Patent Procedure
Tags: USPTO