What are computer-generated icons in the context of design patents?
Computer-generated icons are 2-dimensional images, such as full screen displays and individual icons, that can be subject to design patent protection when embodied in articles of manufacture. According to MPEP 1504.01(a):
“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. Thus, if an application claims a computer-generated icon shown on a computer screen, monitor, other display panel, or a portion thereof, the claim complies with the ‘article of manufacture’ requirement of 35 U.S.C. 171.”
To be patentable, the computer-generated icon must be shown as applied to or embodied in a computer screen, monitor, other display panel, or portion thereof. This ensures that the design is not merely surface ornamentation per se, but is tied to a specific article of manufacture.
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