Patent Law FAQ

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.

Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2666.02 Informative
No Inter Partes Reexamination After September 16, 2012 MPEP 2666.02 Informative