What is the “article of manufacture” requirement for computer-generated icons in design patents?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The “article of manufacture” requirement for computer-generated icons in design patents stipulates that the icon must be embodied in a computer screen, monitor, other display panel, or portion thereof to satisfy 35 U.S.C. 171. This is because a patentable design is inseparable from the object to which it is applied and cannot exist alone merely as a scheme of surface ornamentation.

As stated in the MPEP:

“The USPTO considers designs for computer-generated icons embodied in articles of manufacture to be statutory subject matter eligible for design patent protection under 35 U.S.C. 171. Thus, if an application claims a computer-generated icon shown on a computer screen, monitor, other display panel, or a portion thereof, the claim complies with the ‘article of manufacture’ requirement of 35 U.S.C. 171.”

This means that the icon must be shown as part of a display device to be considered a valid design patent subject matter.