How are models, exhibits, or specimens handled in patent applications?

Models, exhibits, or specimens are generally not admitted as part of a patent application, but they may be required during the prosecution process. The MPEP states:

“A model, exhibit, or specimen is normally not admitted as part of the application, although it may be required in the prosecution of the application (37 CFR 1.91 and 1.93, MPEP § 608.03).”

Key points regarding models, exhibits, or specimens:

• They are not typically part of the initial application filing.
• The USPTO may request them during examination if needed to understand the invention.
• If required, they must comply with specific rules outlined in 37 CFR 1.91 and 37 CFR 1.93.
• Detailed guidelines for handling models, exhibits, or specimens can be found in MPEP § 608.03.

Applicants should be prepared to provide models, exhibits, or specimens if requested by the USPTO during the examination process, but should not include them with the initial application unless specifically required.

To learn more:

• models
• exhibits
• specimens
• patent application
• USPTO examination