What are the requirements for a design to be considered “useful” under 35 U.S.C. 101?
For a design to be considered “useful” under 35 U.S.C. 101, it must meet specific criteria: The design must be embodied in or applied to an article of manufacture. The article itself must have practical utility. As stated in MPEP 1504.01: “To be patentable, a design must be ‘for an article of manufacture’ (35 U.S.C.…
Read MoreWhat qualifies as statutory subject matter for design patents?
According to MPEP 1504.01, statutory subject matter for design patents includes: A design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (surface indicia) A design for the shape or configuration of an article of manufacture A combination of the first two categories The key requirement is that…
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…
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