Can 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) … 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 U.S.C. 171.”
However, the icon must be shown as applied to a display screen or other article of manufacture to be eligible for design patent protection. The design cannot be claimed in isolation from an article of manufacture.
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