What types of drawing views can be included in a design patent reissue?
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.
According to MPEP 1509, a design patent reissue can include several types of drawing views, all of which will be printed as part of the design reissue patent:
- CANCELED drawing view:
“Such a drawing view must be surrounded by brackets and must be labeled as ‘Canceled.’ For example, FIG. 3 (Canceled).”
- AMENDED drawing view:
“Such a drawing view must be labeled as ‘Amended.’ For example, FIG. 3 (Amended).”
- NEW drawing view:
“Such a drawing view must be labeled as ‘New’ For example, FIG. 5 (New). The new drawing view should have a new figure number, that is, a figure number that did not appear in the original design patent.”
It’s important to note that the reissue application must include all drawing views from the original design patent, even if some are being cancelled or amended. This ensures a clear comparison between the original and reissued patent.