What are the consequences of submitting color drawings in a utility patent application?

What are the consequences of submitting color drawings in a utility patent application?

Submitting color drawings in a utility patent application has specific consequences and requirements:

• Color drawings are not ordinarily permitted in utility patent applications.
• As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are not permitted without a grantable petition.”
• If color drawings are submitted without an approved petition, OPAP will send a Notice to File Corrected Application Papers.
• The applicant must either:
• Replace the color drawings with black and white drawings, or
• File a grantable petition under 37 CFR 1.84(a)(2) to accept the color drawings.
• The petition must explain why color drawings are necessary and be accompanied by the fee set forth in 37 CFR 1.17(h).

It’s important to consider whether color drawings are truly necessary for your utility patent application, as they require additional steps and fees in the application process.

For more information on application papers, visit: application papers.

For more information on color drawings, visit: color drawings.