As of Oct. 1, 2025, the European Patent Office (EPO) now allows the electronic filing and processing of color and greyscale drawings in European and Euro-PCT (Patent Cooperation Treaty) applications. The change — part of the EPO’s broader digitalization initiative — aligns its formal requirements with modern practice and gives applicants more flexibility in presenting complex inventions visually.

What the Change Does

• Applicants may now submit color or greyscale drawings electronically in European or Euro-PCT applications (including divisionals).
• Mixed submissions of color and black-and-white drawings are permitted.
• The description, claims and abstract must still be filed in black and white.
• For PCT filings, the International Bureau (WIPO) will continue to publish only black-and-white versions, although color originals will be viewable on PATENTSCOPE.
• Color drawings will appear in EPO publications (A and B documents) and be visible for public inspection if filed electronically.

Why It Matters

For many industries — life sciences, medical devices, materials, and software — the ability to use color can significantly improve clarity. Electron micrographs, layered composites and user interface screenshots can now be published as intended, without losing information during conversion.

But this flexibility also introduces a new layer of strategic coordination for U.S. companies managing cross-jurisdictional portfolios.

Should U.S. Applicants Use Color Drawings at All?

For most U.S. filers, the answer remains “usually not.” The United States Patent and Trademark Office (USPTO) still restricts color drawings to situations where color is essential to understanding the invention, requiring a petition under 37 C.F.R. § 1.84(a)(2). As a result, most U.S. priority applications are filed in black and white. If a later-filed European application includes color versions of those drawings, the EPO could consider the added color detail to be “fresh matter,” potentially invalidating the priority claim or prompting objections under Article 123(2) EPC.

Practical Take Away: For U.S. companies that file first in the United States, consistency matters more than color. Keep drawings in black and white across jurisdictions unless color conveys essential, non-cosmetic information.

That said, there are situations where color makes sense — for instance, where visual distinctions (e.g., microscopy, spectrographic data, or interface states) are central to the invention. In such cases, the company could file:

• A continuation or U.S. provisional with color figures before filing internationally, ensuring proper priority support; or
• In rare cases, consider filing first in Europe, where color drawings are now fully accepted electronically, if European rights and visual clarity are the primary concerns.

This strategy may suit companies with R&D or commercialization primarily in Europe or those relying heavily on visual differentiation. However, U.S. first-filing remains the default for most applicants given the practical advantages of U.S. priority under the Paris Convention.

Practical Take Aways for U.S. Companies

• Audit figure sets across your U.S., PCT and EP filings for consistency before October 2025.
• Update filing checklists and templates to account for the new color-drawing option in Europe.
• Avoid referring to color features in the specification or claims — color itself is not a legally reliable distinguishing feature.
• Coordinate with European counsel early to confirm how color figures will appear on PATENTSCOPE and in EPO publications.
• Plan priority filings strategically — if color is critical, file a U.S. continuation or consider an EP first-filing to preserve full disclosure.

The Bigger Picture

This EPO change reflects the broader shift toward digital, harmonized patent systems worldwide. For U.S. companies with global portfolios, it’s a reminder that procedural alignment is now part of substantive strategy. Managing figure formats, filing sequences, and data consistency across jurisdictions can directly impact both enforceability and speed to grant. Color may finally be on the palette — but strategic coordination remains the art.