How can I correct the drawing of a design patent through reissue?

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.

Correcting the drawing of a design patent through reissue involves specific procedures as outlined in MPEP 1509:

1. Follow the provisions of 37 CFR 1.173(b)(3) for making changes to the patent drawing.
2. Provide a detailed explanation of all changes to the patent drawing on a separate sheet accompanying the amendment papers.
3. 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.
4. 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.”