How are models and exhibits handled during patent examination?

The handling of models and exhibits during patent examination is governed by specific procedures outlined in MPEP 608.03(a). Key points include:

  • Models and exhibits are taken to the assigned Technology Center for examination.
  • Receipt must be recorded on an artifact sheet.
  • A label with application number, filing date, and attorney information should be attached for easy identification and return.
  • Models that cannot be conveniently stored in an artifact folder should not be accepted.
  • Models and exhibits may be presented during interviews but should be taken away afterward unless they meet the requirements of 37 CFR 1.91.

The MPEP states: A full description of what was demonstrated or exhibited during the interview must be made of record. This ensures that the examination record is complete, even if the physical model or exhibit is not retained.

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Topics: Patent Law, Patent Procedure
Tags: patent examination, USPTO procedures