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New EPO rule enables use of color in patent drawings


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September 10, 2025

The European Patent Office (EPO) has announced a significant procedural update (Decision dated 25 July 2025, OJ EPO 2025, A49), which will enter into force on October 1, 2025. This decision introduces a notable change: applicants will be permitted to submit color or grayscale drawings in European patent applications, provided they are filed electronically.

What exactly is changing?

Until now, drawings had to be submitted in black and white. Although color versions could be uploaded, they were automatically converted to grayscale for storage and publication. Starting in October, drawings will retain their original color, as long as they meet the following technical requirements:

  • Durable, uniformly thick, and clearly defined lines, strokes, or areas
  • Sufficient contrast to ensure legibility
  • Minimum resolution of 300 dpi

This update is not yet reflected in the current Guidelines for Examination, which still refer to the previous 2022 decision. The guidelines are expected to be revised shortly to align with the new regulation.

What are the implications for applicants?

This development offers several practical and strategic advantages for patent applicants:

  • Enhanced technical accuracy: The use of color enables more precise representation of distinguishing features of the invention, especially in fields such as biotechnology, chemistry, electronics, mechanical engineering, and industrial design.
  • Improved understanding by the EPO: Examiners will be able to interpret drawings more easily, potentially leading to faster and more accurate assessments.
  • Time and cost savings: Applicants will no longer need to convert drawings to black and white solely to meet formal requirements, simplifying the documentation process.
  • Alignment with other patent offices: This change brings the EPO closer to practices already adopted by other offices, such as the USPTO, facilitating coordinated international filings.
  • Strategic value: In certain cases, color can strengthen the protection of key visual aspects of the invention, adding value to the application.

This update is part of a broader trend toward digitalization and modernization of EPO procedures, marking an important step in improving the quality and efficiency of the European patent system.zación de los procedimientos ante la EPO, y representa un paso importante en la mejora de la calidad y eficiencia del sistema europeo de patentes.

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