Are photographs allowed in patent applications?
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.
Photographs are generally not permitted in utility and design patent applications, but exceptions exist. According to MPEP 608.01(f):
Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention.
Examples of acceptable photographs include:
- Electrophoresis gels
- Blots (e.g., immunological, western, Southern, and northern)
- Cell cultures
- Histological tissue cross sections
- In vivo imaging
- Crystalline structures
- Ornamental effects (in design patent applications)
The photographs must be of sufficient quality to ensure all details are reproducible in the printed patent. If the subject matter can be illustrated by a drawing, the examiner may require a drawing instead of a photograph.