How should photographs be submitted in patent applications?

Photographs in patent applications should be submitted according to specific guidelines:

  • Black and white photographs must be of sufficient quality for reproduction and printing.
  • Color photographs are treated the same as color drawings and require a petition.
  • Photographs must be on paper that complies with 37 CFR 1.84(e).
  • The photographs should directly depict the invention and not include extraneous marks.

MPEP 608.02(b) states: “Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications.” However, they may be accepted if they are the only practicable medium for illustrating the claimed invention.

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