Can You Submit Color Drawings in a Utility Patent Application?

It depends.

Normally, in a utility patent application, drawings (required if necessary to understand the subject matter sought to be patented (35 USC 113)) are limited to black and white. 

However, color drawings can be submitted if color drawings are “the only practical medium by which to disclose the subject matter sought to be patented in a utility patent application.” 37 CFR 1.84.

In order to submit color drawings, a petition explaining why the color drawings are necessary must be submitted and granted. The petition must also include:

• (i) The fee set forth in § 1.17(h);
• (ii) One (1) set of color drawings if submitted via the Office electronic filing system or three (3) sets of color drawings if not submitted via the Office electronic filing system; and

• (iii) An amendment to the specification to insert (unless the specification contains or has been previously amended to contain) the following language 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.

For more discussion on the requirements for drawings, please see MPEP 608.01.

If you need assistance in filing a patent application, please contact the author of this post, Fabian Nehrbass, Patent Attorney, or one of our other registered Patent Attorneys.