Red or black ink
From Patentbarquestions
[from MyPatentBar]
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.
MPEP_R8E4 201.06(d) under II. D. Incorrect Patent Application Number Identified
If the TC is able to identify the correct application number of the prior application, the correct application number should be entered in red ink on the paper requesting the CPA and the entry should be dated and initialed. MPEP_R8E4 201.06(d) under II.J. Inventorship
- >For paper application files, the< examiner should note the change of inventorship on the original oath or declaration by writing in red ink in the left column “See Paper No. __ for inventorship changes.” See MPEP § 201.03 and § 605.04(g).
MPEP_R8E4 502.02 under I. HANDWRITTEN SIGNATURE Thus, 37 CFR 1.4(d)(1) would cover handwritten signatures in red ink or in pencil; although, under 37 CFR 1.4(d)(1) neither would be acceptable since red ink is not dark, and pencil is not permanent. MPEP_R8E4 605.04(b) One Full Given Name Required [R-3] If the application is maintained in paper, the change should be noted on the original oath or declaration by writing in red ink in the left column “See Paper No. __ for inventorship changes.” See MPEP §§ 201.03 and 605.04(g). MPEP_R8E4 605.04(c) Inventor Changes Name [R-3] If the petition is granted, if the application is maintained in paper with a file jacket label (i.e., the application is an 08/ or earlier series application), the original declaration must be marked in red ink, in the left margin “See paper No. _ for correction of inventor name” MPEP_R8E4 605.04(g) Correction of Inventorship [R-2] 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 >, if the application is maintained in paper<. MPEP_R8E4 714 under II.D. Amendments to the Drawing
No proposed changes in red ink should be submitted.
MPEP_R8E4 714.16(d) under I. AMENDMENTS AFFECTING THE DISCLOSURE OF THE SPECIFICATION, ADDING CLAIMS, OR CHANGING THE SCOPE OF ANY CLAIM
The amendment is PROMPTLY considered by the examiner who indicates whether or not its entry is recommended by writing “Enter — 312,” “Do Not Enter” or “Enter In Part” thereon in red ink in the upper left corner.
MPEP_R8E4 714.18 Entry of Amendments [R-3]
The amendment or letter is placed in the file, given its number as a paper in the application, and its character endorsed on the file wrapper in red ink. For IFW processing, **>amendments are entered as papers into the IFW.<
MPEP_R8E4 714.20 List of Amendments Entered in Part [R-2]
NOTE. The examiner writes “Enter” in red ink and his or her initials in the left margin opposite the enterable portions. >For Image File Wrapper (IFW) processing, see IFW Manual.<
MPEP_R8E4 719.02 Data Entered on File Wrapper [R-2]
-for 08/ or earlier series applications: make the correction in red ink on the file wrapper and forward the application to the TC technical support staff for correction of the PALM database;
-for 09/series applications: make the correction in red ink on the PALM bib-data sheet and forward the application to the TC technical support staff for correction of the PALM database and printing of a new PALM bib-data sheet for placement in the file wrapper;
-for 10/ and above series applications: make the correction in red ink on the file wrapper and forward the application to the TC technical support staff for correction of the PALM database and printing of a…
MPEP_R8E4 719.04 Index of Claims [R-3]
A line in red ink should be drawn below the number corresponding to the number of claims originally presented.
Thereafter, a line in red ink should be drawn below the number corresponding to the highest numbered claim added.
….37 CFR 1.121(c), the original claim number should not be stricken from the Index of Claims but a notation should be made in red ink in the margin to the left of the original claim number, i.e.,….
As any claim is canceled, a line in red ink should be drawn through its number.
MPEP_R8E4 1214.06 under II. CLAIMS STAND ALLOWED The appellant is not required to file a reply. The examiner issues the application or ex parte reexamination certificate on the claims which stand allowed. *>For paper files, a< red-ink line should be drawn through the refused claims and the notion “Board Decision” written in the margin in red ink.
MPEP_R8E4 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).
MPEP_R8E4 1302.07 Use of Retention Labels to Preserve Abandoned Companion
Applications
(C) Abandoned: If file has been forwarded to the Files Repository, fill in label and send it to Files Repository for attachment to the wrapper. If not forwarded, treat the same as pending case. Add “abandoned” in red ink and initials to the allowable application.
MPEP_R8E4 1309.02 “Query/Printer Waiting” Cases [R-2] If the examiner concurs in the criticisms, the errors should, if possible, be corrected in clean red ink and initialed or be corrected by examiner’s amendment >(note that in an Image File Wrapper (IFW) application, an examiner’s amendment must be made by way of a formal examiner’s amendment)<. See MPEP § 1302.04.
MPEP_R8E4 2234 Entry of Amendments [R-3]
An amendment is given a Paper No. and is designated by consecutive letters of the alphabet (A, B, C, etc). The< amendment will be entered by drawing a line in red ink through (A) any claim(s) or para-graph(s) amended and (B) the claim(s) or para-graph(s) canceled which are not part of the patent, and the substituted….
MPEP_R8E4 2682 under I. A. No Action Taken by Parties to the Appeal
The NIRC will indicate the status of all the claims inthe case as a result of the Board decision. A red-ink line should be drawn by the examiner through any refused claims, and the notation “Board Decision” written in the margin in red ink. A statement will be included in the NIRC that “Claims ____ have been canceled as a result of the decision of the Board of Patent Appeals and Interferences dated _______.”
