What is the significance of the “characteristic feature statement” in design patent applications for computer-generated icons?
The characteristic feature statement plays a crucial role in design patent applications for computer-generated icons. The MPEP instructs examiners to:
“Review the specification to determine whether a characteristic feature statement is present. If a characteristic feature statement is present, determine whether it describes the claimed subject matter as a computer-generated icon embodied in a computer screen, monitor, other display panel, or portion thereof.”
The importance of this statement is further emphasized by the MPEP’s reference to legal precedent:
“See McGrady v. Aspenglas Corp., 487 F.2d 859, 208 USPQ 242 (S.D.N.Y. 1980) (descriptive statement in design patent application narrows claim scope).”
This means that the characteristic feature statement can help define the scope of the design patent claim and ensure that the computer-generated icon is properly described as being embodied in a display device, thus satisfying the “article of manufacture” requirement of 35 U.S.C. 171. It’s an important tool for applicants to clearly communicate the nature of their design and for examiners to assess compliance with statutory requirements.
To learn more: