Q) Red or Black Ink (MPEP 1300, Examiner's Amendment)

by patentbar on May 1, 2007 · 27 comments

in Exam Questions

Test takers report a question involving the use of red and black ink on an examiner’s amendment. Can an examiner use clean black ink to make an amendment in something related to a reissue. “Clean red ink” (not clean blue or black ink) must be used in correcting originally filed papers. [MPEP 1302.04 Examiner’s Amendments and Changes [R-3] – 1300 Allowance and Issue]

The question appears to be asked in the form “which is not correct”. Thus, the answer was using black ink (should be done with red).

Other References to Red Ink in the MPEP –

  • Red Ink is generally not allowed, but only used for IFW (Image File Wrapper) purposes (see 714.17).
  • 37CFR 1.530(d)(3) “showing the proposed changes in RED for approval by the examiner”
  • MPEP 605.04(g): When the request is granted to add or delete inventors under 37 CFR 1.48, the change should be noted in red ink in the left margin of the original oath or declaration.

{ 27 comments… read them below or add one }

1 mdavis68No Gravatar January 28, 2010 at 9:12 am

1302.04 Examiner’s Amendments and Changes [R-3]

When correcting originally filed papers *>in< applications with a paper application file wrapper, clean red ink must be used (not blue or black ink).
======================================
(Red ink *CAN* be used to correct file wrappers, indicate amend's accepted/denied etc.)

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2 Chemist62No Gravatar March 16, 2010 at 11:18 am

The red-ink questions seems to be coming up again. I put a Word document together which lists all the occurances of red ink in the MPEP R8E4 I could find. The link is in the URL field.

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3 Chemist62No Gravatar March 16, 2010 at 11:19 am

Just click on my screen name, this is the URL for it

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4 SNo Gravatar March 17, 2010 at 10:07 am

Thank you for a comprehensive list.

5 jcNo Gravatar April 7, 2010 at 8:52 pm

is it me because I can seem to find the URL you are referring to..

6 DaVinciCodeNo Gravatar April 9, 2010 at 2:32 pm

Where is this link please? I clicked against “Chemist62” nothing happens. Thanks

7 Chemist62No Gravatar April 9, 2010 at 2:43 pm

Added it below, they changed the website. Just scroll down

8 MNo Gravatar July 16, 2011 at 1:41 pm

I really appreciate your effort but how do i get to the website you speak of? I can’t click on your screen name because it isn’t a link…. am I missing something?

9 mdavis68No Gravatar March 16, 2010 at 6:25 pm

714.17 Amendment Filed After the Period for Reply Has Expired [R-3]

When an application is not prosecuted within the period set for reply and thereafter an amendment is filed without a petition for extension of time and fee pursuant to 37 CFR 1.136(a), such amendment shall be **>placed in< the file * of the application, but not formally entered. The technical support staff shall immediately notify the applicant, by telephone and letter, that the amendment was not filed within the time period and therefore cannot be entered and that the application is abandoned unless a petition for extension of time and the appropriate fee are timely filed. See MPEP § 711.02. **

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10 mdavis68No Gravatar March 16, 2010 at 6:27 pm

§ 1.530 Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination; inventorship change in ex parte or inter partes reexamination.

37CFR 1.530(d)(3)

(3) Drawings. Any change to the patent drawings must be submitted as a sketch on a separate paper showing the proposed changes in red for approval by the examiner. Upon approval of the changes by the examiner, only new sheets of drawings including the changes and in compliance with § 1.84 must be filed. Amended figures must be identified as “Amended,” and any added figure must be identified as “New.” In the event a figure is canceled, the figure must be surrounded by brackets and identified as “Canceled.”

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11 BigBadVoodoDaddyNo Gravatar July 6, 2011 at 7:36 pm

This is by the applicant – not the examiner

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12 mdavis68No Gravatar March 16, 2010 at 6:30 pm

605.04(g) Correction of Inventorship [R-7]

When *>a< request is granted to add or delete inventors under 37 CFR 1.48, the change should be noted in red ink in the left margin of the original oath or declaration, if the application is maintained in paper…

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13 Chemist62No Gravatar March 17, 2010 at 8:34 pm

With mdavis68 we filled all the gaps.

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14 SNo Gravatar April 7, 2010 at 10:35 pm

JC,

Looks like the new format of this website makes the URL inaccessible.
Fortunately, I downloaded it and if you want I can send it to you.

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15 jcNo Gravatar April 11, 2010 at 9:36 pm

S & Chemist62, Thanks for the list! I just downloaded them.. Good luck !

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16 Chemist62No Gravatar April 9, 2010 at 9:21 am

Here is the link again. S, are you still studying?

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17 SNo Gravatar April 9, 2010 at 10:42 am

yep!!!! getting a little stressed out :-(!!!!

Sometime in the end of May will be my big day.

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18 Chemist62No Gravatar April 9, 2010 at 10:54 am

I am just deciding on a date. Maybe I set it next week. I am scared as well.

19 SNo Gravatar April 9, 2010 at 11:14 am

I wish you all the best.

Maybe after you are done I can hammer you with my questions :-)!!!

20 Chemist62No Gravatar April 9, 2010 at 9:23 am
21 BobaPrasannaNo Gravatar September 19, 2013 at 12:55 am

Chemist62, could you send me the link to the red ink issue? Thank you !

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22 Chemist62No Gravatar April 9, 2010 at 9:26 am
23 Chemist62No Gravatar April 9, 2010 at 11:36 am

how do we get in touch? I do not think this is an exchange site. I just set my date for next week.

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24 SNo Gravatar April 9, 2010 at 12:59 pm

You can email me @ resrivi@yahoo.com

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25 IrishNo Gravatar June 9, 2010 at 4:54 pm

Had this question 6/7. “which of the following is NOT…” Answer D dealt with using Black Ink.

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26 Boating BobNo Gravatar December 30, 2010 at 5:35 pm

Like Irish, had this question today where there were 5 choices, all of which are appropriate under the MPEP except: Choice (D) was for an examiner to use clean black ink to make revisions to the originally filed documents. I believe this was the correct answer based on my eliminating the other answers from the MPEP.

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27 maggieNo Gravatar November 15, 2011 at 2:54 pm

Someone posted this Q was on their exam April 2011

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