Can 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 important considerations:
- The icon must be embodied in a computer screen, monitor, or other display panel.
- The claim should be for the ornamental design of an article of manufacture.
- The icon must have an ornamental appearance that is not dictated solely by its function.
It’s crucial to note that the claim should be directed to the ornamental design for the icon as shown on a display screen or portion thereof, not to the icon in the abstract.
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