Are color drawings or photographs allowed in international design applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, color drawings or photographs are allowed in international design applications. According to MPEP 2909.02:

Direct quote: “Color drawings are accepted in international design applications.

This provision allows applicants to accurately represent designs where color is an essential feature. However, it’s important to note that while color reproductions are accepted, they should only be used when necessary to accurately depict the design. Applicants should consider that:

  • Color reproductions may incur additional fees in some designated Contracting Parties.
  • The use of color should be consistent across all views of the design.
  • If color is claimed as a feature of the design, it should be clearly stated in the description.

When using color drawings or photographs, ensure they meet the quality requirements for clarity and detail as specified in Rule 9 of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement.

Topics: MPEP 2900 - International Design Applications MPEP 2909.02 - Reproductions (Drawings) Patent Law Patent Procedure
Tags: Hague Overview, Hague Principles, Pdf Resolution, Ptab Contested Case