MPEP § 1509 — MPEP § 1509
Current through: 2022-07-01

1509-Reissue of a Design Patent 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1500 

 Section 1509 
 

 
 
 
 
 
 1509 Reissue of a Design Patent [R-11.2013]

 See MPEP
 Chapter 1400 for practice and procedure in reissue applications.
 See also MPEP §
 1457 regarding design reissue applications.
 

 For design reissue application filing, search and examination fees, see
 37 CFR
 1.16(e) . For the fee for issuing a reissue design patent, see
 37 CFR
 1.18(a) .
 

 The term of a design patent may not be extended by reissue. See
 Ex parte Lawrence, 70 USPQ 326 (Comm’r Pat. 1946). If a reissue
 application is filed for the purpose of correcting the drawing of a design patent, either
 by canceling views, amending views or adding new views, the provisions of 37 CFR 1.173(b)(3) 
 must be followed. All changes to the patent drawing shall be explained, in detail,
 beginning on a separate sheet accompanying the papers including the amendment to the
 drawing. A marked-up copy of any amended drawing figure, including annotations indicating
 the changes made, should be submitted. The marked-up copy must be clearly labeled as
 “Annotated Marked-up Drawings” and it must be presented in the amendment or remarks section
 that explains the change to the drawing.
 

 A reissue application must be filed with a copy of all drawing views of
 the design patent regardless of whether certain views are being cancelled or amended in the
 reissue application. Inasmuch as the drawing is the primary means for showing the design
 being claimed, it is important for purposes of comparison that the reissue of the design
 patent shows a changed drawing view in both its canceled and amended versions and/or show a
 previously printed drawing view that has been canceled but not replaced. In addition to
 drawing views that are unchanged from the original design patent, the drawing in the
 reissue application may include the following views, all of which will be printed as part
 of the design reissue patent:
 

 (1) CANCELED drawing view. Such a drawing view must be surrounded by
 brackets and must be labeled as “Canceled.” For example, FIG. 3 (Canceled). If a drawing
 view is canceled but not replaced the corresponding figure description in the reissue
 specification must also be cancelled. However, if a drawing view is cancelled and replaced
 by an amended drawing view the corresponding figure description in the reissue
 specification may or may not need to be amended.
 

 (2) AMENDED drawing view. Such a drawing view must be labeled as
 “Amended.” For example, FIG. 3 (Amended). When an amended drawing view is present, there
 may or may not be a corresponding canceled drawing view. If there is such a corresponding
 canceled drawing view, the amended and canceled drawing views should have the same figure
 number. The specification of the reissue application need not indicate that there is both a
 canceled version and an amended version of the drawing view.
 

 (3) 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. The specification of the
 reissue application must include a figure description of the new drawing view.
 

 If a drawing view includes both a cancelled and amended version, and the
 change in the amended version is for the purpose of converting certain solid lines to
 broken lines, the reissue specification must include a statement indicating the purpose of
 the broken lines.
 

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 1501-Statutes and Rules Applicable 

 1502-Definition of a Design 
 1502.01-Distinction Between Design and Utility Patents 

 1502.02-Design Patent Practitioner Bar 

 
 

 1503-Elements of a Design Patent Application Filed Under 35 U.S.C. chapter 16 
 1503.01-Specification 

 1503.02-Drawing 

 
 

 1504-Examination 
 1504.01-Statutory Subject Matter for Designs 
 1504.01(a)-Computer-Generated Electronic Images 

 1504.01(b)-Design Comprising Multiple Articles or Multiple Parts Embodied in a Single Article 

 1504.01(c)-Lack of Ornamentality 

 1504.01(d)-Simulation 

 1504.01(e)-Offensive Subject Matter 

 
 

 1504.02-Novelty 

 1504.03-Nonobviousness 

 1504.04-Considerations Under 35 U.S.C. 112 

 1504.05-Restriction 

 1504.06-Double Patenting 

 1504.07 - 1504.09-[Reserved] 

 1504.10-Priority Under 35 U.S.C. 119(a)-(d), 386(a) and (b) 

 1504.11-1504.19-[Reserved] 

 1504.20-Benefit Under 35 U.S.C. 120 

 1504.21-1504.29-[Reserved] 

 1504.30-Expedited Examination 

 
 

 1505-Term of Design Patent 

 1506-1508-[Reserved] 

 1509-Reissue of a Design Patent 

 1510-Reexamination 

 1511-Protest 

 1512-Relationship Between Design Patent, Copyright, and Trademark 

 1513-Miscellaneous 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:35