What are computer-generated icons in the context of design patents?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

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.

Tags: article of manufacture, computer-generated icons, design patents, display panel