How can I correct the drawing of a design patent through reissue?
Correcting the drawing of a design patent through reissue involves specific procedures as outlined in MPEP 1509:
- Follow the provisions of 37 CFR 1.173(b)(3) for making changes to the patent drawing.
- Provide a detailed explanation of all changes to the patent drawing on a separate sheet accompanying the amendment papers.
- Submit a marked-up copy of any amended drawing figure, including annotations indicating the changes made. This copy must be clearly labeled as “Annotated Marked-up Drawings” and presented in the amendment or remarks section explaining the drawing changes.
- File the reissue application with a copy of all drawing views of the original design patent, regardless of whether certain views are being cancelled or amended.
The MPEP emphasizes: “Inasmuch as the drawing is the primary means for showing the design being claimed, it is important for purposes of comparison that the reissue of the design patent shows a changed drawing view in both its canceled and amended versions and/or show a previously printed drawing view that has been canceled but not replaced.”
To learn more: