How should color be used in reproductions for 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.
The use of color in reproductions for international design applications is subject to specific rules:
- Color drawings are generally not permitted unless necessary to show the design.
- If color is an integral part of the design, it must be consistently shown in all views.
- A color drawing petition must be filed for approval to use color reproductions.
According to MPEP 2920.04(b):
“Color photographs or color drawings are not ordinarily permitted in international design applications. … Where color drawings or color photographs are necessary to show the design, a petition under 37 CFR 1.84(a)(2) … must be filed.”
It’s crucial to consider whether color is essential to the design and to follow the proper procedures for including color reproductions in your application.
Topics:
MPEP 2900 - International Design Applications
MPEP 2920.04(B) - Reproductions (Drawing Figures)
Patent Law
Patent Procedure