Are type fonts eligible for design patent protection?
Yes, type fonts are eligible for design patent protection. The MPEP addresses this specifically:
“Traditionally, type fonts have been generated by solid blocks from which each letter or symbol was produced. Consequently, the USPTO has historically granted design patents drawn to type fonts.”
Moreover, the MPEP clarifies that modern methods of typesetting, including computer generation, do not affect this eligibility:
“USPTO personnel should not reject claims for type fonts under 35 U.S.C. 171 for failure to comply with the ‘article of manufacture’ requirement on the basis that more modern methods of typesetting, including computer-generation, do not require solid printing blocks.”
This guidance ensures that type fonts, regardless of their production method, are considered eligible subject matter for design patents, maintaining consistency with historical practice while acknowledging technological advancements in typesetting.
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