How are patent drawings corrected in inter partes reexamination?

In inter partes reexamination, patent drawings are corrected in the same manner as in ex parte reexamination. The process is outlined in 37 CFR 1.530(d)(3), which states:

“Any change to the patent drawings must be submitted as a sketch on a separate paper showing the proposed changes in red for approval by the examiner. Upon approval of the changes by the examiner, only new sheets of drawings including the changes and in compliance with § 1.84 must be filed.”

The patent owner should follow these steps:

• Submit a sketch in permanent ink showing proposed changes
• Label the sketch as “Annotated Sheet”
• After examiner approval, submit new or substitute drawing sheets
• Identify amended figures as “Amended” and new figures as “New”
• Surround canceled figures with brackets and label as “Canceled”

It’s important to note that changes cannot be made on the original patent drawings.

To learn more:

• patent drawings
• inter partes reexamination
• drawing amendments
• USPTO procedures