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Guidelines for Examination

 
 
1.11.1
When may models be submitted? 

The EPC makes no express provision for the submission of models, but there is nothing to stop a party from submitting one himself. Models are not part of the application or patent, and therefore cannot be used to disclose the invention (Art. 83).

Models may be useful in EPO proceedings if they serve to substantiate the patentability of an invention, e.g. by showing that a given device actually works or does so particularly advantageously. Models may also be filed, e.g. in opposition proceedings, to illustrate the state of the art, especially prior use under Art. 54(2). Models as items for inspection therefore constitute evidence under Art. 117(1)(f).