608.03 Models, Exhibits, Specimens
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608.03(a) Handling of Models, Exhibits, and Specimens
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(a) A model or exhibit will not be admitted as part of the record of an application unless it:
(1) Substantially conforms to the requirements of § 1.52 or § 1.84;
(2) Is specifically required by the Office; or
(3) Is filed with a petition under this section including:(i) The fee set forth in § 1.17(h); and
(ii) An explanation of why entry of the model or exhibit in the file record is necessary to demonstrate patentability.
(b) Notwithstanding the provisions of paragraph (a) of this section, a model, working model, or other physical exhibit may be required by the Office if deemed necessary for any purpose in examination of the application.
(c) Unless the model or exhibit substantially conforms to the requirements of §1.52 or §1.84 under paragraph (a)(1) of this section, it must be accompanied by photographs that show multiple views of the material features of the model or exhibit and that substantially conform to the requirements of § 1.84.
With the exception of cases involving perpetual motion, a model is not ordinarily required by the Office to demonstrate the operability of a device.
Models or exhibits that are required by the Office or filed with a petition must be accompanied by photographs that:
- show multiple views of the material features of the model or exhibit, and
- conform to the requirements.
When the invention relates to a composition of matter, the applicant may be required to furnish specimens of the composition, or of its ingredients or intermediates, for the purpose of inspection or experiment.
When the applicant is notified that a model, exhibit, or specimen is no longer necessary for the conduct of business before the Office and will be returned, applicant must make arrangements for the return of the model, exhibit, or specimen at applicant’s expense.
The notification to applicant that a model, exhibit, or specimen is no longer necessary for the conduct of business before the Office will set a time period within which applicant must make arrangements for a return of a model, exhibit, or specimen.
- The time period is normally two months from the mailing date of the notification, unless the item is perishable, in which case the time period will be shorter.
- Extensions of time are available under 37 CFR 1.136, except in the case of perishables.
