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.