What happens if an International Application was filed with color drawings but published with black and white drawings?
If an International Application was filed with color drawings but published by the International Bureau with only black and white drawings, the applicant retains certain rights regarding the original color drawings. MPEP 1893.03(f) states: “In the event that an International Application was filed with color drawings and published by the International Bureau with only black and white drawings, the applicant is entitled to rely on the color drawings that were present on the international filing date to determine if a subsequent amendment seeking to add color drawings during the national stage includes new matter.” This means that the applicant can reference the original color drawings when determining whether adding color drawings in the national stage would introduce new matter.
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