How should patent owners label amended figures in reexamination drawings?

Patent owners must follow specific labeling requirements for amended figures in reexamination drawings. According to 37 CFR 1.530(d)(3) and MPEP 2666.02:

“Amended figures must be identified as “Amended,” and any added figure must be identified as “New.” In the event a figure is canceled, the figure must be surrounded by brackets and identified as “Canceled.”

To properly label amended figures:

  • Clearly mark each individual amended figure as “Amended”
  • Label any new figures as “New”
  • Surround canceled figures with brackets and label them as “Canceled”

It’s important to note that:

  • Labeling the entire drawing sheet as “Amended” in the header is not sufficient
  • Each figure on a sheet containing multiple figures must be individually marked if amended
  • New drawing sheets must be submitted for each changed or amended drawing

By following these labeling requirements, patent owners ensure clarity in the reexamination process and compliance with USPTO regulations.

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2666.02 - Correction Of Patent Drawings, Patent Law, Patent Procedure
Tags: Drawing Amendments, figure labeling, patent drawings, USPTO procedures