Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Interfaces and Icons

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The United States Patent and Trademark Office (USPTO) has recently received feedback that previously-issued guidance may unnecessarily limit flexibility for design applicants in the field of computer-generated interfaces and icons. Upon review, the USPTO has decided to update its guidance for determining whether a design claim including a computer-generated electronic image constitutes statutory subject matter. The USPTO is issuing this updated supplemental guidance to provide design patent applicants with more flexibility in choosing how to present a new, original, and ornamental design for a computer- generated interface or icon when filing a design patent application with the USPTO.