What are the requirements for design patent protection of 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.

According to MPEP 1504.01(a), computer-generated icons can be protected by design patents if they meet specific requirements:

• The icon must be embodied in a computer screen, monitor, other display panel, or portion thereof.
• The icon must be more than a mere picture on a screen.
• The claimed design must be shown in solid lines, not broken lines.
• The specification must include a description of the computer-generated icon as it appears on a computer screen, monitor, other display panel, or portion thereof.

The MPEP states: “Design applications which disclose subject matter which could be deemed ornamental and which are embodied in a computer screen, monitor, other display panel, or portion thereof, may be rejected under 35 U.S.C. 171 for failing to comply with the article of manufacture requirement.“