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 § 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
Tags: Labeling, patent drawings, prior art