What happens if new drawing sheets are not timely filed in response to a Quayle action during reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If new drawing sheets are not timely filed in response to a Quayle action during reexamination, the reexamination certificate will be issued without incorporating the proposed changes. The MPEP states:

“If the new sheets of drawings are not timely filed in response to the Quayle action, the reexamination certificate will be issued with drawings that do not reflect the changes/amendments that were proposed by the patent owner.”

This means that failure to submit the required new drawing sheets within the set statutory period will result in the reexamination certificate being issued with the original drawings, without the proposed amendments. It’s crucial for patent owners to adhere to the deadlines set in the Quayle action to ensure their desired changes are included in the final certificate.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2250.01 - Correction Of Patent Drawings Patent Law Patent Procedure
Tags: Reexamination Order, Reexamination Patent Owner Statement, Request Content