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USPTO: Correct Classification When Filing Drawings With Gray/Color Via EFS-Web

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    david
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    ***IMPORTANT*** When submitting drawings electronically to the USPTO that are other than line drawings, be very careful in the selection you make via EFS-Web, as explained below in this excerpt from the USPTO Official Gazette. This would include color photographs, grayscale photographs, color vector images, etc., that are contained in drawings. We have seen numerous examples of drawings submitted that contain color photographs, for example, that are processed as if they contain line art. The result is that all the color information is thrown away and whatever is leftover is the equivalent of a black and white photocopy of a color image. In other words, the color image can be rendered almost unrecognizable compared to the original. This is especially bad news for photographs submitted in design cases, where information concerning the shape of the device is almost entirely lost. Submitting photographs for design cases should only be used as a last resort for emergency time sensitive matters, but that is a topic for another discussion.

    OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE
    November 24, 2009 Volume 1348 Number 4

    Document Description for Photograph and Drawings: Users must select the correct document description when submitting photographs and drawings via EFS-Web. Selecting an incorrect document description may cause the photographs and drawings to be processed in a quality that is not sufficient for examination and publication. Applicant must select:

    1. “Drawings – only black and white line drawings” (document code “DRW”) for the following:

    a. Black and white line drawings in: (i) Provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility patent applications under 35 U.S.C. 111(a), including reissue utility patent applications; (iii) international applications and national stage applications under 35 U.S.C. 371; and (iv) reexamination proceedings for utility patents. These drawings will be converted into TIFF images and stored in IFW.

    b. Black and white line drawings, grayscale drawings, photographs, color drawings, and other drawings that are not black and white line drawings in design patent applications, including reissue design patent applications, and reexamination proceedings for design patents. These drawings will be stored in SCORE, and a black and white copy will be stored in IFW along with a SCORE placeholder sheet.

    2. “Drawings – other than black and white line drawings” (document code “DRW.NONBW”) for the following:

    a. Photographs, color drawings, grayscale drawings, and other drawings that are not black and white line drawings in: (i) provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility patent applications under 35 U.S.C. 111(a), including reissue utility patent November 24, 2009 US PATENT AND TRADEMARK OFFICE 1348 OG 412 applications; (iii) national stage applications under 35 U.S.C. 371; and (iv) reexamination proceedings for utility patents. These drawings will be stored in SCORE, and a black and white copy will be stored in IFW along with a SCORE placeholder sheet.

    b. Black and white photographs, and grayscale drawings, in
    international applications. These drawings will be stored in SCORE, and a black and white copy will be stored in IFW along with a SCORE placeholder sheet.

    • This topic was modified 2 years, 7 months ago by  Caroline Muir.

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