Can 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.”
- Obtaining examiner approval for the proposed changes.
- Submitting new or substitute drawing sheets that incorporate the approved changes.
This procedure ensures that the original patent drawings remain intact while allowing for necessary amendments during the reexamination process. It’s crucial to follow the proper procedures for submitting and identifying amended figures to maintain the integrity of the patent record.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.02 - Correction Of Patent Drawings,
Patent Law,
Patent Procedure