Can a design for a computer-generated icon be patented?

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.

Yes, a design for a computer-generated icon can be patented. The MPEP 1504.01(a) states:

“Computer-generated icons, such as full screen displays and individual icons, are 2-dimensional images which alone are surface ornamentation. See, e.g., Ex parte Strijland, 26 USPQ2d 1259 (Bd. Pat. App. & Int. 1992) … 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.”

However, the icon must be shown as applied to a display screen or other article of manufacture to be eligible for design patent protection. The design cannot be claimed in isolation from an article of manufacture.