How are drawing amendments handled in ex parte 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.

Drawing amendments in ex parte reexamination must follow specific guidelines as outlined in MPEP 2250:

  • Amendments to the drawings must be explained in detail in accordance with 37 CFR 1.530(d)(3).
  • New drawings must be filed with the changes shown in red for approval by the examiner.
  • Drawing amendments must not introduce new matter.
  • All amended figures must be presented on new sheets.

The MPEP states: “Where a change to the drawings is desired, a sketch in permanent ink showing proposed changes in red should be filed for approval by the examiner” (MPEP 2250). This process allows the examiner to review and approve drawing changes before they are formally incorporated into the patent.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2250 - Amendment By Patent Owner Patent Law Patent Procedure
Tags: Paper Format, Reexamination Order, Reexamination Patent Owner Statement, Request By Owner, Request Content