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|Top of Notices (303) December 27, 2011||US PATENT AND TRADEMARK OFFICE||Print This Notice 1373 CNOG 1607|
|Amendments, Drawings, CPA Practice||Referenced Items (300, 301, 302, 303, 304, 305, 306, 307)|
(303) Drawings in Patent Application Publications and Patents The United States Patent and Trademark Office (USPTO) has revised its patent drawing review procedures to implement the eighteen-month publication of patent applications. See Changes to Implement Eighteen- Month Publication of Patent Applications, 65 Fed. Reg. 57023, 57026-27 (Sept. 20, 2000), 1239 Off. Gaz. Pat. Office 63, 65-66 (Oct. 10, 2000). While the Office of Initial Patent Examination (OIPE) will perform an initial review of drawings to see if the drawings are acceptable for publication purposes by inspecting the drawings to see if they can be effectively reproduced by digital image scanning, the standard of review employed by OIPE is such that most drawings will be considered acceptable (even if they are designated by applicant as "informal"). If OIPE requires corrected drawings, the corrected drawings filed in reply to the OIPE requirement will be included in any patent application publication or patemost situations, patent application publications and patents will reflect the quality of the drawings that are included with a patent application on filing unless applicant voluntarily submits better quality drawings as set forth below. If applicant desires to have better drawings included in a patent application publication than the drawings that were submitted with the application on filing, applicant may submit replacement drawings on paper either within one month from the filing date of the application or four months from the earliest filing date for which a benefit is sought under title 35, United States Code, whichever is later. The replacement paper drawings must be filed in an envelope addressed to BOX PGPUB DRAWINGS, Commissioner for Patents, Washington D.C. 20231, with a petition under 37 CFR 1. 182 requesting entry of the drawings and the petition in 37 CFR 1. 17(h), in the time period set forth above. If such drawings a submitted, the patent application publication will include the replacement drawings. Replacement drawings that are received later than this date may be included in the patent application publication, where practicable, if the USPTO has not started the patent application publication process. Box PGPUB DRAWINGS should only be used for filing replacement drawings for inclusion in a patent application publication. The replacement drawings should be accompanied by a transmittal letter identifying the application to which the replacement drawings are directed and should have either an authorization to charge the petition fee or other payment of the petition fee. Replacement drawings received in this special box will be scanned and included in the electronic document which will be used for the patent application publication. After the replacement drawings are scanned for the patent application publication, they will be made of record in the application file. Replacement drawings that are not mailed to BOX PGPUB DRAWINGS, are not filed with the appropriate petition fee, or are not timely submitted will be routed to, and made of record in, the application file without scanning and will not be included in the patent application publication, but may be included in any patent. Replacement drawings for other applications must be submitted in a different envelope. An applicant may also provide a copy of the application, as amended during prosecution (including better replacement drawings), for publication via EFS. See 37 CFR 1.215(c) and Changes to Implement Eighteen-Month Publication of Patent Applications, 65 Fed. Reg. 57024, 57036 and 57059, 1239 Off. Gaz. Pat. Office 63, 74 and 94. Questions regarding this notice may be directed to Karin Tyson, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (703) 306-3159, by facsimile at (703) 872-9411, or by e-mail to firstname.lastname@example.org. December 18, 2000 NICHOLAS P. GODICI Commissioner for Patents [1242 OG 114]