What happens to models, exhibits, or specimens after patent prosecution?

After patent prosecution, the handling of models, exhibits, or specimens depends on their nature and the applicant’s wishes. According to MPEP 608.03(a):

‘Upon conclusion of the prosecution of the application, model, exhibit, or specimen, unless the model, exhibit, or specimen has been destroyed during prosecution, the model, exhibit, or specimen may be returned to the applicant upon request and at applicant’s expense.’

If the applicant doesn’t request their return, the USPTO may dispose of them. It’s important for applicants to communicate their wishes regarding these items after prosecution.

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Topics: Patent Law, Patent Procedure
Tags: Exhibits, Models, patent prosecution, Specimens, USPTO procedures