What are the requirements for design patent protection of computer-generated icons?
According to MPEP 1504.01(a), computer-generated icons can be protected by design patents if they meet specific requirements: The icon must be embodied in a computer screen, monitor, other display panel, or portion thereof. The icon must be more than a mere picture on a screen. The claimed design must be shown in solid lines, not…
Read MoreWhat are the requirements for design patent protection?
What are the requirements for design patent protection? Design patent protection requires that the design meets the following criteria: Ornamentality: The design must be primarily ornamental rather than functional. Novelty: The design must be new and original. Non-obviousness: The design must not be obvious to a designer of ordinary skill in the art. According to…
Read MoreCan a design patent protect a design in the abstract?
No, a design patent cannot protect a design in the abstract. According to MPEP 1502, design patents are specifically limited to designs applied to articles of manufacture. This principle is reinforced by recent case law cited in the MPEP: “A design claim is limited to the article of manufacture identified in the claim; it does…
Read MoreWhat types of visual characteristics can be protected by a design patent?
A design patent can protect various visual characteristics of an article of manufacture. According to MPEP 1502, the subject matter of a design patent application may relate to: The configuration or shape of an article The surface ornamentation applied to an article The combination of configuration and surface ornamentation The MPEP states: “Since a design…
Read MoreHow should the title be written in a design patent application?
How should the title be written in a design patent application? The title in a design patent application plays a crucial role in identifying the article of manufacture. According to MPEP 1503.01(I): “The title of the design must designate the particular article. 37 CFR 1.153(a). The title must be descriptive and specific, and must identify…
Read MoreWhat are computer-generated icons in the context of design patents?
Computer-generated icons are 2-dimensional images, such as full screen displays and individual icons, that can be subject to design patent protection when embodied in articles of manufacture. According to MPEP 1504.01(a): “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…
Read MoreWhat is the significance of the “characteristic feature statement” in design patent applications for computer-generated icons?
The characteristic feature statement plays a crucial role in design patent applications for computer-generated icons. The MPEP instructs examiners to: “Review the specification to determine whether a characteristic feature statement is present. If a characteristic feature statement is present, determine whether it describes the claimed subject matter as a computer-generated icon embodied in a computer…
Read MoreWhat is the “article of manufacture” requirement for design patents?
The “article of manufacture” requirement is a fundamental aspect of design patent protection. According to MPEP 1504.01(c), a design must be embodied in or applied to an article of manufacture: “A design patent application may be filed for any design for an article of manufacture. The article of manufacture is the tangible item to which…
Read MoreWhat 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…
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