美國發明專利申請案彩圖範例

有人問，美國發明專利申請案（utility application）是否可送彩色圖？

答案是：可以。

要件是，提交發明申請案時，附上彩圖，同時提交請願書（petition），說明用彩圖的必要性，提交的彩圖品質要夠、可重製（reproducible），並且要求在最後黑白公報中可以顯示其中細節，說明書圖式簡單說明要寫上這段話：”The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.”

還要有額外的費用。

針對每張彩圖，若以電子檔送件，就一份，若以紙本送件，需要三份。

相關規定在CFR

1.84 Standards for drawings.

(a) Drawings. There are two acceptable categories for presenting drawings in utility and design patent applications.

(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings; or

(2) Color. Color drawings are permitted in design applications. Where a design application contains color drawings, the application must include the number of sets of color drawings required by paragraph (a)(2)(ii) of this section and the specification must contain the reference required by paragraph (a)(2)(iii) of this section. On rare occasions, color drawings may be necessary as the only practical medium by which to disclose the subject matter sought to be patented in a utility patent application. The color drawings must be of sufficient quality such that all details in the drawings are reproducible in black and white in the printed patent. Color drawings are not permitted in international applications (see PCT Rule 11.13). The Office will accept color drawings in utility patent applications only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:

(i) The fee set forth in § 1.17(h) ;

(ii) One (1) set of color drawings if submitted via the Office electronic filing system or three (3) sets of color drawings if not submitted via the Office electronic filing system; and

(iii) An amendment to the specification to insert (unless the specification contains or has been previously amended to contain) the following language as the first paragraph of the brief description of the drawings:

The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.

這裡找到一件範例：US9679539

brief description of the drawings:

petition:

說明彩圖的必要性：

現在公報的黑白圖：

另一範例：US9748305

brief description of the drawings:

petition:

本來這是彩圖：

Ron