MPEP § 1413 — MPEP § 1413
Current through: 2022-07-01

1413-Drawings 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1413 
 

 
 
 
 
 
 1413 Drawings [R-11.2013]

 
 37 CFR 1.173 Reissue specification, drawings, and amendments. 

 *****

 
 (a)
 
 (2) Drawings. Applicant must submit a clean copy of each
 drawing sheet of the printed patent at the time the reissue application is
 filed. If such copy complies with § 1.84 , no further
 drawings will be required. Where a drawing of the reissue application is to
 include any changes relative to the patent being reissued, the changes to
 the drawing must be made in accordance with paragraph (b)(3) of this
 section. The Office will not transfer the drawings from the patent file to
 the reissue application.
 

 
 

 
 *****

 

 A clean copy (e.g., good quality photocopies free of any extraneous
 markings) of each drawing sheet of the printed patent must be supplied by the applicant at
 the time of filing of the reissue application. If the copies meet the requirements of
 37 CFR
 1.84 , no further formal drawings will be required. New drawing sheets
 are not to be submitted, unless some change is made in the original patent drawings. Such
 changes must be made in accordance with 37 CFR 1.173(b)(3) .
 

 AMENDMENT OF DRAWINGS 
 37 CFR 1.173 Reissue specification, drawings, and amendments. 

 *****

 
 (b)
 
 (3) Drawings. One or more patent drawings shall be
 amended in the following manner: Any changes to a patent drawing must be
 submitted as a replacement sheet of drawings which shall be an attachment
 to the amendment document. Any replacement sheet of drawings must be in
 compliance with § 1.84 and shall
 include all of the figures appearing on the original version of the
 sheet, even if only one figure is amended. Amended figures must be
 identified as “Amended,” and any added figure must be identified as
 “New.” In the event that a figure is canceled, the figure must be
 surrounded by brackets and identified as “Canceled.” All changes to the
 drawing(s) shall be explained, in detail, beginning on a separate sheet
 accompanying the papers including the amendment to the drawings.
 

 
 

 
 *****

 

 The provisions of 37 CFR 1.173(b)(3) govern the manner
 of making amendments (changes) to the drawings in a reissue application. The following
 guidance is provided as to the procedure for amending drawings: 
 

 
 (A) Amending the original or printed patent drawing sheets by
 physically changing or altering them is not permitted. Any request to do so should
 be denied. 
 

 (B) Where a change to the drawings is desired, applicant must submit
 a replacement sheet for each sheet of drawings containing a Figure to be revised.
 Any replacement sheet must comply with 37 CFR 1.84 and include all of
 the figures appearing on the original version of the sheet, even if only one
 figure is being amended. Each figure that is amended must be identified by placing
 the word 
 "Amended"
 
 
 at the
 bottom of that figure. Any added figure must be identified as 
 "New."
 
 
 In the event that a figure is
 canceled, the figure must be identified as 
 "Canceled"
 
 
 and also surrounded by brackets. All changes to
 the figure(s) must be explained, in detail, beginning on a separate sheet which
 accompanies the papers including the amendment to the drawings.
 

 (C) If desired, applicant may include a marked-up copy of any amended
 drawing figure, including annotations indicating the changes made. Such a
 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 drawings. 
 
 

 

 In addition, the examiner may desire a marked-up copy of any
 amended drawing figure, and so state in an Office action. A marked-up copy of any
 amended drawing figure, including annotations indicating the changes made, must be
 provided when required by the examiner.
 

 

 (D) If any drawing change is not approved, or if any submitted sheet
 of drawings is not entered, the examiner will so inform the reissue applicant in
 the next Office action, and the examiner will set forth the reasons for same.
 

 
 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 1400.01-Introduction 

 1401-Reissue 

 1402-Grounds for Filing 

 1403-Diligence in Filing 

 1404-Submission of Papers Where Reissue Patent Is in Litigation 

 1405-Reissue and Patent Term 

 1406-Citation and Consideration of References Cited in Original Patent 

 1407-1409-[Reserved] 

 1410-Content of Reissue Application 
 1410.01-Reissue Applicant and Inventor's Oath or Declaration 

 1410.02-Assignee Consent to the Reissue 

 
 

 1411-Form of Specification 
 1411.01-Certificate of Correction or Disclaimer in Original Patent 

 1411.02-New Matter 

 
 

 1412-Content of Claims 
 1412.01-Reissue Claims Must Be for Same General Invention 

 1412.02-Recapture of Canceled Subject Matter 

 1412.03-Broadening Reissue Claims 

 1412.04-Correction of Inventorship By Reissue 

 1412.05-Correction of Inventorship in a Broadening Reissue Application 

 
 

 1413-Drawings 

 1414-Content of Reissue Oath/Declaration 
 1414.01-Reissue Oath or Declaration in Reissue Application Filed On or After September 16, 2012 

 1414.02-Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012 

 1414.03-Supplemental Reissue Oath/Declaration 

 
 

 1415-Reissue Application and Issue Fees 
 1415.01-Maintenance Fees on the Original Patent 

 
 

 1416-No Physical Surrender of Original Patent 

 1417-Claim for Priority Under 35 U.S.C. 119(a)-(d) 

 1418-Notification of Prior/Concurrent Proceedings and Decisions Thereon, and of Information Known To Be Material to Patentability 

 1419-1429-[Reserved] 

 1430-Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette 

 1431-1439-[Reserved] 

 1440-Examination of Reissue Application 

 1441-Two-Month Delay Period 
 1441.01-Protest and Pre-issuance Submission in Reissue Applications 

 
 

 1442-Special Status 
 1442.01-Litigation-Related or PTAB Trial-Related Reissues 

 1442.02-Concurrent Litigation or Trial Before the Patent Trial and Appeal Board 

 1442.03-Litigation Stayed 

 1442.04-Litigation Involving Patent 

 1442.05-Court Ordered Filing of Reissue Application 

 
 

 1443-Initial Examiner Review 

 1444-Review of Reissue Oath/Declaration 

 1445-Reissue Application Examined in Same Manner as Original Application 

 1446-1447-[Reserved] 

 1448-Fraud, Inequitable Conduct, or Duty of Disclosure Issues 

 1449-Protest Filed in Reissue Where Patent Is in Interference or Contested Case 
 1449.01-Concurrent Office Proceedings 

 1449.02-Interference in Reissue 

 1449.03-Reissue Application in Derivation Proceeding 

 
 

 1450-Restriction and Election of Species Made in Reissue Application 

 1451-Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending 

 1452-Request for Continued Examination of Reissue Application 

 1453-Amendments to Reissue Applications 

 1454-Appeal Brief 

 1455-Allowance and Issue 

 1456-Reissue Review 

 1457-Design Reissue Applications and Patents 

 1458-1459-[Reserved] 

 1460-Effect of Reissue 

 1461-1469-[Reserved] 

 1470-Public Access to Reissue Applications 

 1471-1479-[Reserved] 

 1480-Certificates of Correction — Office Mistake 
 1480.01-Expedited Issuance of Certificates of Correction - Error Attributable to Office 

 
 

 1481-Certificates of Correction - Applicant’s Mistake 
 1481.01-Correction of Assignees’ Names 

 1481.02-Correction of Named Inventor 

 1481.03-Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits 

 
 

 1482-1484-[Reserved] 

 1485-Handling of Request for Certificates of Correction 

 1486-1489-[Reserved] 

 1490-Disclaimers 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:26