What are the requirements for drawings in color?

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

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.

Color drawings are not ordinarily permitted in utility and design patent applications. However, the USPTO will accept color drawings in utility and design patent applications if the following conditions are met:

  • The fee set forth in 37 CFR 1.17(h) is paid;
  • The specification contains the following language as the first paragraph of the brief description of the drawings: ‘The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.’
  • Color drawings must be of sufficient quality such that all details in the drawings are reproducible in black and white in the printed patent.

As stated in MPEP 608.02(b): ‘If color drawings are filed with the original application, it is not necessary to file a petition with the filing of the application. However, a petition and fee are required if color drawings are submitted after the original application papers are filed.’

Topics: Patent Law Patent Procedure
Tags: color drawings, USPTO requirements