When are models or exhibits required in a patent application?

Models or exhibits are generally not required in patent applications unless specific conditions are met. According to MPEP 608.03, models or exhibits are only admitted as part of an application or patent if:

  • They substantially conform to the requirements of 37 CFR 1.52 or 1.84
  • They are specifically required by the Office
  • They are filed with a petition under 37 CFR 1.91(a)(3)

The MPEP states: With the exception of cases involving perpetual motion, a model is not ordinarily required by the Office to demonstrate the operability of a device. However, if operability is questioned, the applicant must establish it to the examiner’s satisfaction.

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Topics: Patent Law, Patent Procedure
Tags: USPTO requirements