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…
Read MoreHow should the claim in a design patent application be formatted?
The claim in a design patent application must follow specific formatting requirements. According to MPEP 1503.01: The claim shall be in formal terms to the ornamental design for the article (specifying name) as shown, or as shown and described. More than one claim is neither required nor permitted. Key points about the design patent claim:…
Read MoreWhat is the definition of an ornamental feature or design in patent law?
An ornamental feature or design is defined as one that was “created for the purpose of ornamenting” and cannot be the result or “merely a by-product” of functional or mechanical considerations. This definition comes from the case In re Carletti, where the court stated: “An ornamental feature or design has been defined as one which…
Read MoreWhat is a design patent application?
A design patent application is a type of patent application that protects the ornamental design of a functional item. It is governed by 35 U.S.C. 171-173 and focuses on the visual characteristics of an article of manufacture. Unlike utility patents, design patents do not protect the functional aspects of an invention. Design patent applications have…
Read MoreWhat are the differences between design and plant patent applications?
Design and plant patent applications are two distinct types of patent applications, each protecting different aspects of inventions: Design Patent Applications:1. Protect the ornamental design of a functional item.2. Cover the visual appearance of an article of manufacture.3. Have a term of 15 years from the date of grant.4. Require drawings or photographs of the…
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