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2.29.11 Drawings, Graphics and Photographs

Date Published

Note: The requirements for graphics and photographs, and the use of colour, only apply with respect to the Formalities Determination.  See 2.29 Formalities and Forms for further information.

At filing, COG will check that any drawings, graphics or photographs in the specification are suitable for reproduction.  Where suitable reproductions cannot be made, COG will issue a direction requiring the filing of a satisfactory replacement.

Drawings, graphics and photographs are saved as the document type ‘Drawings’.  Photographs will be scanned into the Ecase file by COG and the original photographs stored as physical media (see 5.10.7 Physical Media).  

A graphic or photograph may be filed in substitution for a drawing where it is impossible to represent in a drawing what is to be shown (sec 15(2) of the Formalities Determination).  However, an objection to graphics or photographs is not to be taken unless the filing of such documents is clearly inappropriate.  An example of the appropriate use of photographs would be to describe a plant variety (see 2.7.2.2 Some Specific Requirements for the Written Description of Plant Varieties).

Where examiners have any doubts regarding graphics or photographs in a specification, they should consult a senior examiner.


Use of Colour

At filing, COG will check that any colour drawings, graphics or photographs are suitable for reproduction.  Where suitable reproductions cannot be made, COG will issue a direction requiring the filing of a satisfactory replacement.

Under sec 15(3) of the Formalities Determination, the use of colour is only permitted in a drawing, graphic or photograph if the colouring is indispensable to understanding the invention.  In practice, examiners should consider whether the use of colour assists the interpretation of the specification.

An example where colour may be essential to the interpretation of the specification and claims is plant variety inventions (see 2.7.2.2 Some Specific Requirements for the Written Description of Plant Varieties).  Similarly, colour may better convey information where it is necessary to distinguish components of the same shape that have different physical or chemical properties.

Where examiners have any doubts regarding the use of colour in drawings, graphics or photographs, they should consult a senior examiner.

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