What is the process for submitting new or amended drawings in a reexamination proceeding?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

The process for submitting new or amended drawings in a reexamination proceeding involves several steps:

  1. Submit a sketch in permanent ink showing proposed changes/amendments on a separate paper labeled as “Annotated Sheet.”
  2. Wait for examiner approval of the proposed changes.
  3. Upon approval, submit new sheets of drawings for each drawing sheet that is to be changed/amended.
  4. Ensure compliance with 37 CFR 1.530(d)(3) by marking each figure as “amended” or “new” if applicable.
  5. File the new sheets of drawings before the preparation of the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC).

The MPEP states: “Once the proposed changes are approved, sheets of substitute or new drawings must be submitted for each drawing sheet that is to be changed/amended.”

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2250.01 - Correction Of Patent Drawings Patent Law Patent Procedure
Tags: Reexamination Order, Reexamination Patent Owner Statement, Request Content