Can a design patent protect the process or functionality of a computer-generated icon?
No, a design patent cannot protect the process or functionality of a computer-generated icon. According to MPEP 1504.01(a), design patents for computer-generated icons are limited to the ornamental appearance of the icon:
“The following types of computer-generated icons are not considered to be embodied in an article of manufacture: … icons generated by computer programs which are not associated with a computer-generated image, such as ‘pull-down’ menus.“
This means that the functional aspects of an icon, such as how it operates or the processes it triggers, are not protectable by a design patent. Instead, these aspects may be more appropriately protected by utility patents or copyrights, depending on their nature.
Design patents for computer-generated icons focus solely on the visual appearance of the icon as it is displayed on a screen or monitor. Any claims to functionality or the underlying processes would be rejected under 35 U.S.C. 171, which requires that design patents be for ornamental designs.
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