Can the USPTO destroy models, exhibits, or specimens during patent prosecution?
Yes, the USPTO can destroy models, exhibits, or specimens during patent prosecution under certain circumstances. The MPEP 608.03(a) states:
‘The United States Patent and Trademark Office will not return the model, exhibit, or specimen in the following cases: … (B) Where the model, exhibit, or specimen has been destroyed by a process of examination or has been returned to the applicant prior to the conclusion of prosecution.’
This indicates that some examination processes may result in the destruction of these items. Applicants should be aware that submitting models, exhibits, or specimens might lead to their alteration or destruction during the examination process.
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Topics:
Patent Law,
Patent Procedure