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.
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).
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(Red ink *CAN* be used to correct file wrappers, indicate amend's accepted/denied etc.)
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.
Just click on my screen name, this is the URL for it
Thank you for a comprehensive list.
is it me because I can seem to find the URL you are referring to..
Where is this link please? I clicked against “Chemist62” nothing happens. Thanks
Added it below, they changed the website. Just scroll down
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?
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. **
§ 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.”
This is by the applicant – not the examiner
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…
With mdavis68 we filled all the gaps.
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.
S & Chemist62, Thanks for the list! I just downloaded them.. Good luck !
Here is the link again. S, are you still studying?
yep!!!! getting a little stressed out :-(!!!!
Sometime in the end of May will be my big day.
I am just deciding on a date. Maybe I set it next week. I am scared as well.
I wish you all the best.
Maybe after you are done I can hammer you with my questions :-)!!!
Chemist62, could you send me the link to the red ink issue? Thank you !
RedInk
how do we get in touch? I do not think this is an exchange site. I just set my date for next week.
You can email me @ resrivi@yahoo.com
Had this question 6/7. “which of the following is NOT…” Answer D dealt with using Black Ink.
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.
Someone posted this Q was on their exam April 2011