What are the requirements for submitting new drawing sheets in reexamination?

When submitting new drawing sheets in a reexamination proceeding, there are specific requirements that must be followed:

  1. New sheets must be submitted for each drawing sheet that is changed or amended.
  2. If a new drawing sheet contains multiple figures, each figure must be properly identified according to 37 CFR 1.530(d)(3):

“Amended figures must be identified as “Amended,” and any added figure must be identified as “New.” In the event a figure is canceled, the figure must be surrounded by brackets and identified as “Canceled.”

It’s important to note that:

  • Changes cannot be made on the original patent drawings.
  • It is not sufficient to generally indicate that the entire sheet is amended (e.g., by placing “Amended” in the header of the drawing sheet).
  • Each individual figure that has been amended must be clearly marked as “Amended.”
  • New figures must be identified as “New.”
  • Canceled figures must be surrounded by brackets and labeled “Canceled.”

After proper identification and labeling, the new sheets of drawings should be entered into the reexamination file.

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2666.02 - Correction Of Patent Drawings, Patent Law, Patent Procedure
Tags: Drawing Amendments, patent drawings, USPTO procedures