How should the title be worded for a design patent application involving computer-generated icons?
How should the title be worded for a design patent application involving computer-generated icons?
The title in a design patent application for computer-generated icons should clearly refer to the claimed subject matter and adequately describe a design for an article of manufacture under 35 U.S.C. 171. The MPEP provides specific guidance on appropriate and inappropriate titles:
“The following titles do not adequately describe a design for an article of manufacture under 35 U.S.C. 171: ‘computer icon’; or ‘icon.’ On the other hand, the following titles do adequately describe a design for an article of manufacture under 35 U.S.C. 171: ‘computer screen with an icon’; ‘display panel with a computer icon’; ‘portion of a computer screen with an icon image’; ‘portion of a display panel with a computer icon image’; or ‘portion of a monitor displayed with a computer icon image.'”
This guidance emphasizes that the title should explicitly mention the display device or a portion thereof, rather than just the icon itself, to satisfy the article of manufacture requirement.
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