AIPLA Comments on Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images

Arlington, VA. November 18, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO on the examination of design patent applications related to computer-generated electronic images, including computer-generated icons and graphical user interfaces. 

The comments urge the USPTO to update its guidelines to extend design patent protection to computer-generated image designs displayed through emerging technologies, such as holograms, projections, and virtual or augmented reality, which are not tied to tangible display panels. Current guidelines require these designs to be embodied in a physical display, excluding advancements where designs interact directly with users or devices. The comments argue that the focus should be on the ornamental appearance of these designs, not their dependence on a display panel, and proposes recognizing other articles of manufacture, like processors, as sufficient for eligibility. 

Referencing legal precedents and global trends, AIPLA emphasizes that such a change aligns with innovation and supports the realities of modern technology. They recommend eliminating outdated requirements to illustrate designs within display screens and incorporating updated examples in examination guidance, ensuring protection for advanced computer-generated image designs integral to programmed systems. 

Please download the comments posted to the right of this page to view in full.