Ironically, color design patents are still published in black and white. The front page of a design patent will inform you, however, that the USPTO has a color image on file. By downloading the originally filed images on the USPTO’s Public PAIR data base, you can see what the color design patent actually covers.
Can I use color drawings in my patent application? The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:
Why are the images published as part of design patent grants degraded? The USPTO received feedback that the images published as part of design patent grants were degraded compared to the images that applicants provided to the Office with initial filings. After investigating this issue, the Office identified a specific conversion process that was mainly responsible for the degraded quality of the images.
How has the USPTO changed the image quality of Design patents? On October 4, 2016, the USPTO implemented a new process for publishing design patent grants, which has significantly improved the image quality.
What is the design publication quality program? The Design Publication Quality program was created as a patent quality advancement to improve the image quality of published design patents. The USPTO received feedback that the images published as part of design patent grants were degraded compared to the images that applicants provided to the Office with initial filings.
Can I use color drawings in my patent application?
Are black and white drawings required for patent applications? The patent rules provide that black and white line drawings are normally required for patent drawings. 37 CFR 1.84 (a) (1). There is a rule for filing drawings in color, but it requires filing a petition to allow color drawings and paying a fee (for a utility patent application). MPEP 608.02 (VIII).
Do I need to draw a patent application? Though provisional patents don’t need drawings, a nonprovisional patent needs at least one drawing to show how the invention works. When creating your drawings, stay within the rules described in the Manual of Patent Examining Procedures, such as: Draw in black and white unless color is the only way to show a part of the invention.
How many drawings are in a brief description of the patent? The following language added as the first paragraph of the Brief Description of the Drawings: The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing (s) will be provided by the Office upon request and payment of the necessary fee.
Is there a rule for filing drawings in color? There is a rule for filing drawings in color, but it requires filing a petition to allow color drawings and paying a fee (for a utility patent application). MPEP 608.02 (VIII).