How does the USPTO handle photographs 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.

The USPTO has specific guidelines for handling photographs in patent applications:

1. General rule: As stated in MPEP 608.02(a), “Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications.”
2. Exceptions: Photographs are accepted in applications where they are the only practicable medium for illustrating the claimed invention. This typically applies to:
• Crystalline structures
• Metallurgical microstructures
• Textile fabrics
• Grain structures
• Color effects
3. Requirement for acceptance: The MPEP states, “The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.”
4. Color photographs: These require a petition explaining why color is necessary and are subject to additional fees.

If photographs are submitted, applicants should ensure they meet USPTO standards to avoid potential issues during examination.