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