What happens to models, exhibits, or specimens after a patent application is allowed?
After a patent application is allowed, the handling of models, exhibits, or specimens depends on their size and nature. According to MPEP 608.03(a):
Upon notification from the Office of Patent Application Processing (OPAP) that an application is being allowed, the model, exhibit, or specimen is transferred to a permanent location for storage.
The specific handling process varies:
- Small items: Transferred to the File Information Unit for permanent storage.
- Large items: Photographed, if practical, and then disposed of, unless a specific request is made for return to the applicant.
It’s important to note that the USPTO may dispose of the models, exhibits, or specimens at its discretion two months after the application is allowed.
To learn more:
Topics:
Patent Law,
Patent Procedure