In patent prosecution, incorporating color into utility patent claims presents intricate challenges, particularly concerning the printed matter doctrine. While color can be pertinent to an invention's functionality, its inclusion often incites debates about whether it serves a genuine technical role or is simply ornamental. The printed matter doctrine evaluates if claim limitations contribute technically to patentability; purely informational elements that do not interact functionally with the invention may be classified as non-functional printed matter. To mitigate the risk of color being dismissed as non-limiting, it is advisable to establish a clear functional relationship between color and the invention's performance through detailed descriptions, experimental data, and strategic claim drafting.
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