How does the USPTO examine design patent applications for computer-generated icons?

The USPTO follows specific procedures when examining design patent applications for computer-generated icons to ensure compliance with the “article of manufacture” requirement of 35 U.S.C. 171. The MPEP outlines these procedures:

1. Review the entire disclosure to determine what the applicant claims as the design and whether it’s embodied in an article of manufacture.
2. Examine the drawing to confirm if a computer screen, monitor, other display panel, or a portion thereof is shown.
3. Check the title to ensure it adequately describes a design for an article of manufacture.
4. Review the specification for a characteristic feature statement describing the claimed subject matter as a computer-generated icon embodied in a display device.

If the application doesn’t meet these requirements, the examiner may:

“Reject the claimed design under 35 U.S.C. 171 for failing to comply with the article of manufacture requirement.”

However, if the disclosure suggests the claimed subject matter is a computer-generated icon embodied in a display device, the examiner may:

“Indicate that the drawing may be amended to overcome the rejection under 35 U.S.C. 171. Suggest amendments which would bring the claim into compliance with 35 U.S.C. 171.”

The examination process aims to ensure that the application clearly discloses a computer-generated icon embodied in a computer screen, monitor, other display panel, or portion thereof.

To learn more:

• USPTO examination
• computer-generated icons
• design patents
• article of manufacture