What is the process for getting approval for patent drawing changes in reexamination?

The process for getting approval for patent drawing changes in reexamination involves the following steps:

1. Submit a sketch: The patent owner must submit a sketch in permanent ink showing the proposed changes or amendments.
2. Proper labeling: The sketch should be submitted as a separate paper and clearly labeled as “Annotated Sheet.”
3. Examiner review: The examiner will review the proposed changes on the Annotated Sheet.
4. Approval: If the examiner approves the changes, the patent owner proceeds to the next step.
5. Submit new drawings: As stated in 37 CFR 1.530(d)(3):

“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.”

After approval:

• New or substitute drawing sheets must be submitted for each drawing sheet that is changed or amended.
• Amended figures must be identified as “Amended.”
• New figures must be identified as “New.”
• Canceled figures must be surrounded by brackets and identified as “Canceled.”

The new sheets of drawings are then entered into the reexamination file. It’s important to note that changes cannot be made directly on the original patent drawings.

To learn more:

• patent drawings
• reexamination
• drawing amendments
• USPTO procedures
• examiner approval