From October 1, 2025, the European Patent Office (EPO) will allow the submission of drawings to specifications in color or grayscale, but they must be submitted in electronic format.
Currently, the EPO allows drawings to be submitted electronically or on paper, but requires them to be in black and white. If colour drawings are submitted, the EPO will usually convert them to black and white. This conversion may not capture all the details in the originally submitted drawings, but since the applicant did not submit the drawings in black and white, the risk lies with the applicant. If the description, claims or abstract mention colour features in the drawings, and these features are not retained in the converted drawings, this can present an applicant with a dilemma. Trying to amend the drawings to recapture all the details in the submitted drawings could result in amendments that go beyond the scope of the original submission.
Starting October 1, 2025, this risk will no longer be an issue for the following types of electronic applications with color or grayscale drawings:
- Applications filed directly with the EPO, whether first filing or as a Paris Convention application
- Divisional applications are also included unless the additional information exceeds that in the earlier application.
- A PCT application enters the European national phase provided that the PCT international phase application contained color or grayscale drawings and that the international publication mentions them. Although the International Bureau (IB) converts color or grayscale drawings submitted in the PCT international phase application into black and white drawings, the IB retains these color or grayscale drawings for use in national and regional phases where color or grayscale drawings are permitted.
The EPO will become the first patent office to officially allow the submission of color drawings. The USPTO will only allow color drawings if they are the only physical medium revealing the substance, requiring the submission of a statement explaining why color is necessary. The USPTO also requires that the color drawings be of sufficient quality to be converted to black and white drawings in the printed patent without loss of detail.
Allowing color drawings in patent applications has long been a demand of the patent attorney profession and a topic on the PCT Working Group's agenda. Many hope that the EPO's move in this regard will encourage widespread adoption by other patent offices. However, until widespread implementation occurs, applications with color drawings as priority documents in selected jurisdictions may face the risk of losing some detail when converted to black and white drawings, thus affecting disclosure.
This policy undoubtedly provides a more precise solution for preventing detail loss during the drawing conversion process, enhancing the completeness of the information in the drawings and the accuracy of the application materials. In the actual practice of patent applications, the introduction of color drawings is expected to enhance the differentiation of technical features. Yezhima will closely monitor this trend and help clients better protect the core value of innovation in international patent applications.
![]() | Get exact prices For the country / regionE-mail: mail@yezhimaip.com |