Can the proportions of features in patent drawings be used as evidence?
Generally, the proportions of features in patent drawings cannot be relied upon as evidence unless the drawings are explicitly stated to be to scale. The MPEP 2125 states: “When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are…
Read MoreAre changes to patent specifications and drawings indicated in the Official Gazette notice for reexamination certificates?
Yes, changes to patent specifications and drawings are indicated in the Official Gazette notice for reexamination certificates. According to MPEP 2291: “…a representative claim will be published along with an indication of any changes to the specification or drawing.” This means that the notice will provide information about: Any modifications made to the patent specification…
Read MoreCan patent drawings be used to determine specific dimensions or proportions?
Can patent drawings be used to determine specific dimensions or proportions? Generally, patent drawings cannot be relied upon to determine specific dimensions or proportions unless explicitly stated to be to scale. According to MPEP 2125: “When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based…
Read MoreCan drawings in patents be used as prior art?
Yes, drawings in patents can be used as prior art. According to MPEP 2125, “Drawings and pictures can anticipate claims if they clearly show the structure which is claimed.” This applies to both design patents and utility patents. The MPEP further states: “The origin of the drawing is immaterial. For instance, drawings in a design…
Read MoreWhat information is included in the Official Gazette notice for an ex parte reexamination certificate?
The Official Gazette notice for an ex parte reexamination certificate includes several key pieces of information: Bibliographic information Status of each claim after the conclusion of the reexamination proceeding A representative claim Indication of any changes to the specification or drawing Clear indication of the type of certificate As stated in MPEP 2291: “The Official…
Read MoreHow should reproductions be numbered in international design applications?
The numbering of reproductions in international design applications is governed by Administrative Instruction 405 of the Hague Agreement. The key points are: Numbering should appear in the margin of each photograph or graphic representation For multiple designs or views, use a two-part numbering system: The first number represents the design The second number (after a…
Read MoreWhat 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: New sheets must be submitted for each drawing sheet that is changed or amended. 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…
Read MoreCan original patent drawings be modified during reexamination?
No, original patent drawings cannot be directly modified during reexamination. The Manual of Patent Examining Procedure (MPEP) 2666.02 clearly states: “The change may not be made on the original patent drawings.” Instead, the process for changing patent drawings during reexamination involves: Submitting a sketch with proposed changes on a separate paper, labeled as “Annotated Sheet.”…
Read MoreHow should multiple figures on a new drawing sheet be labeled in a reexamination proceeding?
When submitting a new drawing sheet with multiple figures in a reexamination proceeding, it’s important to properly label each figure according to its status. The MPEP provides specific guidance: “If a new drawing sheet contains multiple figures, each figure must be marked as ‘amended’ or ‘new,’ if applicable, to comply with the requirements of 37…
Read MoreHow should patent owners label amended figures in reexamination drawings?
Patent owners must follow specific labeling requirements for amended figures in reexamination drawings. According to 37 CFR 1.530(d)(3) and MPEP 2666.02: “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.”…
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