What are the requirements for submitting new drawing sheets in reexamination?
When submitting new drawing sheets in a reexamination proceeding, there are specific requirements that must be followed:
- New sheets must be submitted for each drawing sheet that is changed or amended.
- If a new drawing sheet contains multiple figures, each figure must be properly identified according to 37 CFR 1.530(d)(3):
“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.”
It’s important to note that:
- Changes cannot be made on the original patent drawings.
- It is not sufficient to generally indicate that the entire sheet is amended (e.g., by placing “Amended” in the header of the drawing sheet).
- Each individual figure that has been amended must be clearly marked as “Amended.”
- New figures must be identified as “New.”
- Canceled figures must be surrounded by brackets and labeled “Canceled.”
After proper identification and labeling, the new sheets of drawings should be entered into the reexamination file.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.02 - Correction Of Patent Drawings,
Patent Law,
Patent Procedure