How should prior art figures be labeled in a patent application?
When including prior art figures in a patent application, proper labeling is crucial. According to MPEP 608.02(g), prior art figures should be designated by a legend such as ‘Prior Art.’
This labeling is essential to distinguish prior art from the applicant’s invention.
If a prior art figure is not correctly labeled, patent examiners may use form paragraph 6.36.01, which states: Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP ยง 608.02(g).
This paragraph instructs the applicant to correct the labeling to comply with the MPEP guidelines.
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Topics:
Patent Law,
Patent Procedure