Can a design patent be granted for changeable computer-generated icons?
Yes, a design patent can be granted for changeable computer-generated icons. The MPEP provides guidance on how to handle such applications:
“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 are understood as viewed sequentially, no ornamental aspects are attributed to the process or period in which one image changes into another.”
However, it’s important to note that the design claim only covers the visual appearance of the icons, not the process of change. To clarify this, the MPEP requires:
“A descriptive statement must be included in the specification describing the transitional nature of the design and making it clear that the scope of the claim does not include anything that is not shown.”
Examples of acceptable descriptive statements are provided in the MPEP, such as:
- “The subject matter in this patent includes a process or period in which an image changes into another image. This process or period forms no part of the claimed design.”
- “The appearance of the transitional image sequentially transitions between the images shown in Figs. 1-8. The process or period in which one image transitions to another image forms no part of the claimed design.”
These statements help define the scope of the design patent and exclude the transitional process from the claim.
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