How should photographs be submitted in international patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 in international patent applications are subject to specific requirements. According to MPEP 1825:

“Black and white photographs must be originally-filed photographs and not photocopies. Color photographs are not accepted in international applications. Any color photographs filed will be treated as black and white drawings.”

When submitting photographs, consider the following guidelines:

  • Use black and white photographs only
  • Submit original photographs, not photocopies
  • Ensure the photographs are of sufficient quality for reproduction
  • If color photographs are essential, consider explaining their importance in the specification and be prepared to file a petition in the national stage

It’s important to note that photographs should only be used when they are the only practicable medium for illustrating the claimed invention, as stated in 37 CFR 1.84(b).

Tags: 37 cfr 1.84(b), black and white photos, international applications, Photographs