Untethered: USPTO Loosens the Article of Manufacture Requirement for Digital Designs

"The guidance makes three practical changes that design patent prosecutors should take note of immediately. First, it removes the longstanding requirement in MPEP 1504.01(a) that drawings depict a display panel or portion thereof in solid or broken lines for applications directed to computer-generated interfaces or icons, so long as the title and claim properly identify an article of manufacture."

"Second, it reverses the 2023 position on claim language, now holding that titles and claims using the preposition 'for' (such as 'icon for display screen' or 'projected interface for computer') adequately describe a design for an article of manufacture under 171. Third, it extends design patent eligibility to projected and holographic interfaces and to virtual and augmented reality designs for computers and computer systems."

"Under the new guidance, applicants now have the option to flip the grammar so the design element leads and the article follows the word 'for': 'The ornamental design for a graphical user interface for a display screen, as shown and described.' Or broader still: 'The ornamental design for a graphical use'"

The USPTO issued new examination guidance that significantly relaxes requirements for obtaining design patents on computer-generated interfaces and icons. The guidance eliminates the longstanding requirement that drawings must depict a display panel in solid or broken lines, provided the title and claim properly identify an article of manufacture. It reverses a 2023 position by now accepting claim language using the preposition 'for' (such as 'icon for display screen') as adequate descriptions of designs for articles of manufacture. Additionally, the guidance extends design patent eligibility to projected and holographic interfaces, as well as virtual and augmented reality designs for computers and computer systems. These changes represent a significant shift in design patent prosecution practices.

Read at patentlyo.com