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| The IPKat observes the EPO's digital evolution, making colour an admissible feature for patent illustrations. |
In fact, after much user demand, the EPO is modernising its systems with a significant update.
As of 1 October 2025, the EPO permits the electronic filing and processing of drawings in colour and greyscale.
This move is part of the EPO's ongoing Strategic Plan 2028. The new rules are formally laid down in a Decision of the President (OJ EPO 2025, A49) and further explained in a detailed Notice (OJ EPO 2025, A57).
While this is welcome news, this Kat has reviewed the new legal texts, and applicants will need to be meticulous. The new framework introduces specific new formal requirements and details a complex procedure for PCT applications.
The key change is in Article 1(2)(a):
"Drawings shall be executed without colourings in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes. When filed by means of electronic communication, drawings may also be executed in colour or in greyscale, in durable, uniformly thick and well-defined lines, strokes or areas [...]"
However, this new freedom comes with an immediate new formal requirement. The same article continues, stating that colour or greyscale drawings "must also be sufficiently rich in contrast and suitable to be clearly displayed at a resolution of 300 dpi".
This is not merely a suggestion. The EPO's Receiving Section will formally examine whether drawings comply with this requirement, citing Rule 57(i) of the European Patent Convention (EPC).
As of 1 October 2025, the EPO permits the electronic filing and processing of drawings in colour and greyscale.
This move is part of the EPO's ongoing Strategic Plan 2028. The new rules are formally laid down in a Decision of the President (OJ EPO 2025, A49) and further explained in a detailed Notice (OJ EPO 2025, A57).
While this is welcome news, this Kat has reviewed the new legal texts, and applicants will need to be meticulous. The new framework introduces specific new formal requirements and details a complex procedure for PCT applications.
The New Legal Basis (OJ 2025, A49)
The primary legal change comes from the Decision of the President, which amends the rules on the presentation of application documents.The key change is in Article 1(2)(a):
"Drawings shall be executed without colourings in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes. When filed by means of electronic communication, drawings may also be executed in colour or in greyscale, in durable, uniformly thick and well-defined lines, strokes or areas [...]"
However, this new freedom comes with an immediate new formal requirement. The same article continues, stating that colour or greyscale drawings "must also be sufficiently rich in contrast and suitable to be clearly displayed at a resolution of 300 dpi".
This is not merely a suggestion. The EPO's Receiving Section will formally examine whether drawings comply with this requirement, citing Rule 57(i) of the European Patent Convention (EPC).
Core Analysis: The What, Where and How (OJ 2025, A57)
The Notice from the EPO provides the practical details and limitations of this new policy.1. The "Drawings Only" Rule
This new feature is strictly limited to the drawings. The Notice is unambiguous that the use of colour or greyscale in the description, claims, or abstract is inadmissible. If filed with colour, these elements will be converted to black and white for publication.2. The "Don't Say Red" Advisory
The EPO is already anticipating issues with clarity and sufficiency. The Notice gives a specific warning to applicants:"Applicants are advised not to refer to colour-specific features of the drawings in the description, claims or abstract (e.g. by stating that a particular component is "beige" or "yellow"), as colour specifications may not always be reliably and objectively identifiable."
3. The Complex Path for PCT Applications
This is the most procedurally complex part of the new system. The Notice lays out a multi-step process for Euro-PCT applications.Step 1: Colour drawings are not admissible under the PCT in the international phase.
Step 2: Any colour drawings filed in a PCT application are rendered in black and white by the Internation Bureau (IB) of the WIPO for international publication.
Step 3: However, the IB will retain the original colour/greyscale version and make it available on PATENTSCOPE. The cover page of the international publication will indicate this.
Step 4 (The Critical Part): For Euro-PCT applications entering the European phase on or after 1 October 2025, the EPO will base its processing on the colour drawings only if two conditions are met:
- they are available on PATENTSCOPE, AND
- the international publication mentions this.
Final Thoughts: Implications for Applicants
There are several explicit warnings and notes on how these new rules will interact with established EPC provisions.Article 123(2) EPC (Added Matter): The Notice confirms that for Euro-PCT applications that entered the phase before 1 October 2025 (and are thus B&W), if the applicant subsequently files colour drawings, the EPO "will examine compliance with Article 123(2) EPC".\
Article 76 EPC (Divisionals): For divisional applications filed with colour drawings, the EPO will "carefully check" compliance with Article 76(1) EPC.
Missing Parts (Rule 56): If filing missing parts, the drawings must "correspond exactly to the content and format" of the priority application. If the priority had B&W drawings, the missing drawings must also be B&W.
Image credit: Gemini AI
Beyond black and white: the EPO’s new rules for colour drawings
Reviewed by Simone Lorenzi
on
Thursday, November 27, 2025
Rating:
Reviewed by Simone Lorenzi
on
Thursday, November 27, 2025
Rating:
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It is all very nice for the EPO to allow drawings in colour, but it would have been way better if this move would had been coordinated with WIPO, the EPC contracting states, and with the other members of the IP5 group.
ReplyDeleteIt is good that the IB will retain the original colour/greyscale version and make it available on PATENTSCOPE, but this is not really helpful in PCT proceedings or for other designations than the EPO as designated or selected office. .
For fear of problems with Art 123(2), applicants should stick to black and white drawings until the measure is generalised beyond the EPO.
The only use of colour drawings will be in procedures at the EPO either directly or in the regional phase. Such an upheaval only for this?
@What now?
ReplyDeleteAs far as I was aware, before this change at the EPO, only the KIPO (the patent office of South Korea) allowed color drawings. And I never saw a Korean patent application with color drawings which had a non-Korean family member.
I too expect that the use case for color drawings will remain very limited until the major patent offices harmonize on this point. And considering the... often patchy... track record of the USPTO in IT matters, I'm not betting on that happening soon.
It is difficult to see how a change from a coloured drawing to a black and white line drawing would not be considered a change of subject-matter when applying the strict principes that the EPO applies for changes/amendments under art. 123(2) EPC, for comparing priority and subsequent EP filing under Art87(1) EPC, and for comparing parent and diviosional under art76(1) EPC. So donor try this at home, stick to black and white line drawings!
ReplyDeleteSome 15 years ago I used to regularly file EP applications that claimed priority from Korean applications, some of which had coloured drawings. I remember in one case that the firm that prepared the black & white drawings that were needed for the EP filing, had problems making legible versions of some of them where the colours represented density contour bands. I ended up making my own much better drawings at home on my old Windows 98 computer by converting the colour scans to monochrome using the colour to monochrome conversion option of the computer's Microsoft PhotoEd.exe software that was superseded by a much less versatile program during the XP era. It simply converted the tones into different types of hatching.
ReplyDeleteHow about the situation where an applicant in a hurry inadvertently files with their original application one or more informal drawing figure containing a bit of colour. Will the EPO ever permit replacement with formalised monochrome drawing sheets? And if so, is that replacement liable to add matter?
ReplyDelete