What are the requirements for color drawings in design patent applications?

What are the requirements for color drawings in design patent applications?

Color drawings can be an essential part of design patent applications when color is a feature of the claimed design. The MPEP 2909.02 provides specific guidance on color drawings:

“Color drawings are permitted in design applications. The drawings must be in color if color is a feature of the design.”

This means that if color is an integral part of your design, you must submit color drawings. However, there are specific requirements for color drawings:

• A petition fee is required for color drawings
• The specification must contain the following language as the first paragraph of the brief description of the drawings: “The file of this patent contains at least one drawing executed in color. Copies of this patent with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.”
• Color photographs are not ordinarily permitted in design applications

The MPEP also notes:

“If color drawings are filed with the original application, color drawing petition under 37 CFR 1.84(a)(2) and fee set forth in 37 CFR 1.17(h) are required.”

When preparing color drawings for a design patent application:

• Ensure the colors accurately represent the design
• Use high-quality color reproduction methods
• Be prepared to pay the additional petition fee
• Include the required language in the specification

To learn more:

• design patent drawings
• color drawings
• color as a feature
• petition requirements