Will my model or exhibit become part of the patent application record?

Generally, models or exhibits used during a patent interview are not admitted as part of the official application record. However, there are exceptions. According to the MPEP:

A model or exhibit submitted by the applicant which complies with 37 CFR 1.91 would be made part of the application record.

(MPEP 713.08)

If the model or exhibit is used solely for demonstration purposes during the interview and does not comply with 37 CFR 1.91, it will not be made part of the record. In all cases, a full description of what was demonstrated or exhibited must be included in the application record, as required by 37 CFR 1.133(b).

To learn more:

• patent application record
• models
• exhibits
• patent examination
• USPTO