How are color photographs or submissions handled in reexamination requests?

Color photographs and similar color submissions in reexamination requests are handled differently from other documents. According to MPEP 2218:

“An exception is color photographs and like color submissions, which, if legible as presented, will be retained in an ‘artifact’ file and used as such.”

This means that:

  • Color photographs and similar color submissions are not scanned into the Image File Wrapper (IFW) system
  • If they are legible in their original form, they are kept in a separate ‘artifact’ file
  • These color documents can be accessed and used as needed during the reexamination process

This special handling ensures that the quality and information contained in color submissions are preserved for proper examination.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2218 - Copies Of Prior Art, Patent Law, Patent Procedure
Tags: color photographs, document submission, ex parte reexamination, USPTO procedures