How are changeable computer-generated icons treated in design patent applications?
Changeable computer-generated icons, which include images that change appearance during viewing, can be the subject of a design claim. According to MPEP 1504.01(a):
“Computer generated icons including images that change in appearance during viewing may be the subject of a design claim. Such a claim may be shown in two or more views. The images are understood as viewed sequentially, no ornamental aspects are attributed to the process or period in which one image changes into another.”
To properly claim changeable icons, the application must include:
- Two or more views showing the different appearances of the icon
- A descriptive statement in the specification explaining the transitional nature of the design
- Clarification that the scope of the claim does not include anything not shown
The MPEP provides example statements to include in the specification, such as: “The appearance of the transitional image sequentially transitions between the images shown in Figs. 1-8. The process or period in which one image transitions to another image forms no part of the claimed design.”
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