How does the USPTO examine design patent applications for computer-generated icons?
The USPTO follows specific procedures when examining design patent applications for computer-generated icons to ensure compliance with the “article of manufacture” requirement of 35 U.S.C. 171. The MPEP outlines these procedures: Review the entire disclosure to determine what the applicant claims as the design and whether it’s embodied in an article of manufacture. Examine the…
Read MoreHow 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…
Read MoreWhat 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 MoreCan 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…
Read MoreCan a design patent be obtained for a computer-generated icon?
Yes, a design patent can be obtained for a computer-generated icon, subject to specific conditions. According to MPEP 1504.01(a): “Design patents may be granted for computer-generated icons shown on a computer screen, monitor, other display panel, or a portion thereof, if the design meets the requirements of the design statute and rules.” However, there are…
Read MoreHow should computer-generated icons be depicted in design patent applications?
The MPEP 1504.01(a) provides specific guidance on how computer-generated icons should be depicted in design patent applications: The icon must be shown as it appears on a computer screen, monitor, or other display panel. The claimed design (the icon) must be depicted in solid lines. Unclaimed portions of the screen or monitor should be shown…
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 MoreCan a design for a computer-generated icon be patented?
Can a design for a computer-generated icon be patented? 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)…
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 MoreHow 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…
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