USPTO Issues Supplemental Exam Guidance for Design Patent Applications Related to Computer-Generated Images

The USPTO recently published supplemental guidance for design patent examination for computer-generated images. This guidance with aid in deciding whether a design patent claim that contains a computer-generated image complies with statutory rules.

Finnegan partner Beth Ferrill told IP Law Daily that the supplemental guidance falls short of what many in the design patent bar had hoped for.

“The guidance follows a 2021 Request for Comments from the USPTO that included inquiries about virtual and augmented reality designs,” she said. However, rather than directly address any graphical user interface designs related to these newer technologies, the supplemental guidance published today unfortunately “seems to just repackage existing guidance on more traditional graphical user interfaces that are tied to a computer screen.”

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