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Author Topic: Possible to fax voluntarily amended drawings  (Read 909 times)

04274108

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Possible to fax voluntarily amended drawings
« on: 02-21-05 at 05:49 pm »

Hello.  Is it possible to fax a request for voluntary drawing amendments?  

If so, can the amended drawings be faxed as well?  

If the amended drawings can be faxed, what is the format for indicating the changes?
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Jonathan

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Re: Possible to fax voluntarily amended drawings
« Reply #1 on: 02-22-05 at 11:41 am »

In the US, an applicant is generally free to correct drawings and does not need to seek permission to do so, through the time an Issue Fee is paid. The Examiner can then either approve the changes or deny entry of the updated figures (and require further corrections)>

I don't see any definite rules saying that a voluntary submission of replacement drawings, perhaps containing corrections, can not be submitted by facsimile.
An applicant is allowed to fax drawings with payment of the Issue Fee.

However, an applicant is not allowed to facsimile submit replacement drawings that have corrections when those corrections are required by the patent office (except when sent with payment of the Issue Fee) or for the initial filing of a patent applicaiton.

I would personally not submit a voluntary replacement figures by facsimile since the qality of the transmitted copy is not always that great. There is a good chance the office would require corrections on those faxed drawings.

If you have the need to fax corrected drawings with payment of an Issue Fee, the same rules apply if you were submitting them by mail. A replacement sheet must be provided and labeled 'replacement sheet' in the top margin. In the body of the paper accompanying the changes, explanation of the changes made needs to be included. A copy of the uncorrected drawing marked up to show the changes made and incorporated on the corrected drawing may also be submitted but that is not a requirement. That marked up copy needs to be labeled as 'annotated marked-up drawing' in top margin.

It is also good practice to additionally place the patent application serial number in the upper margin, in case the drawings become separated from the rest of the filing.

« Last Edit: 02-22-05 at 11:49 am by jkudla »
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04274108

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Re: Possible to fax voluntarily amended drawings
« Reply #2 on: 02-22-05 at 01:16 pm »

Thanks Jonathon.  Your answer was very thorough and clarified the issue for me.
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