How should the title be worded for a design patent application involving computer-generated icons?
How should the title be worded for a design patent application involving computer-generated icons?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The title in a design patent application for computer-generated icons should clearly refer to the claimed subject matter and adequately describe a design for an article of manufacture under 35 U.S.C. 171. The MPEP provides specific guidance on appropriate and inappropriate titles:
“The following titles do not adequately describe a design for an article of manufacture under 35 U.S.C. 171: ‘computer icon’; or ‘icon.’ On the other hand, the following titles do adequately describe a design for an article of manufacture under 35 U.S.C. 171: ‘computer screen with an icon’; ‘display panel with a computer icon’; ‘portion of a computer screen with an icon image’; ‘portion of a display panel with a computer icon image’; or ‘portion of a monitor displayed with a computer icon image.’”
This guidance emphasizes that the title should explicitly mention the display device or a portion thereof, rather than just the icon itself, to satisfy the article of manufacture requirement.