How can patent drawings be corrected during 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.
Patent drawings can be corrected during ex parte reexamination by following specific procedures outlined in 37 CFR 1.530(d)(3). The process involves:
- Submitting a sketch on a separate paper showing proposed changes in red for examiner approval.
- Upon approval, filing new sheets of drawings including the changes and complying with 37 CFR 1.84.
- Identifying amended figures as “Amended,” added figures as “New,” and canceled figures as “Canceled” (surrounded by brackets).
The MPEP states: “Any change to the patent drawings must be submitted as a sketch on a separate paper showing the proposed changes in red for approval by the examiner. Upon approval of the changes by the examiner, only new sheets of drawings including the changes and in compliance with § 1.84 must be filed.”
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2250.01 - Correction Of Patent Drawings
Patent Law
Patent Procedure