Beyond black and white: the EPO’s new rules for colour drawings

[Simone Lorenzi]

Beyond black and white: the EPO’s new rules for colour drawings

 Simone Lorenzi Thursday, November 27, 2025 - colour drawings, epo, IPKat, OJ EPO 2025 A49, OJ EPO 2025 A57, patents, Simone Lorenzi

The IPKat observes the EPO's digital evolution, making colour an admissible feature for patent illustrations.

Following some unwelcome news from the Unified Patent Court (UPC) regarding recent fee increases, the European Patent Office (EPO) has brought welcome news.

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 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.

The consequence is that if these conditions are not met, the EPO's processing "will be based on the drawings as published in black and white".

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

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