What is the process for returning models, exhibits, or specimens to patent applicants?

The process for returning models, exhibits, or specimens to patent applicants is outlined in 37 CFR 1.94. Key points include:

  • The USPTO may return items when they are no longer necessary for the conduct of business.
  • Applicants are notified and must arrange for the return at their own expense.
  • A time period (usually two months) is set for making return arrangements.
  • Extensions of time are available under 37 CFR 1.136, except for perishables.

The MPEP states, Failure by applicant to establish that arrangements for the return of a model, exhibit, or specimen have been made within the time period set in the notice will result in the disposal of the model, exhibit, or specimen by the Office. (MPEP 608.03(a))

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Topics: Patent Law, Patent Procedure
Tags: USPTO procedures