What are the requirements for design patent protection of computer-generated icons?
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.“
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