What is the procedure for admitting a model or exhibit as part of a patent application record?
To admit a model or exhibit as part of a patent application record, you need to file a petition under 37 CFR 1.91. The MPEP states:
“Petitions under 37 CFR 1.91 to admit a model or exhibit as part of the record of an application, MPEP § 608.03.“
Key points to consider:
- The Technology Center Director has the authority to decide these petitions
- You must demonstrate why the model or exhibit is necessary
- Consider whether drawings or photographs could suffice instead
- If admitted, proper storage and handling of the model or exhibit must be arranged
Remember that while models or exhibits can sometimes be helpful, they are not typically required for most patent applications. Consult MPEP § 608.03 for more detailed guidance on this process.
To learn more: