What happens to exhibits that do not comply with USPTO requirements?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

The United States Patent and Trademark Office (USPTO) has specific guidelines for handling exhibits that do not meet the required standards. According to MPEP 715.07(d), “Exhibits that do not comply with the requirements of 37 CFR 1.91 will be disposed of or returned to applicant at the discretion of the Office.” This means that if an exhibit fails to meet the criteria outlined in 37 CFR 1.91, the USPTO has the authority to either discard the exhibit or send it back to the applicant, depending on what they deem appropriate in each case.

Tags: 37 Cfr 1 91, 37 Cfr 191, Exhibit Disposal, Exhibit Return, Exhibits, non-compliance, USPTO