Privacy, Business and Law

This article is meant to be a brief overview of design patent basics while informing the reader of the possibility for obtaining a design patent on computer icons. This is yet another tool for protecting your most important asset, your intellectual property.

Q: Can you patent computer icons?
A: Yes. You may obtain a design patent.

Why obtain design patent protection for computer icons?

Infringement. A patent allows you to keep others from making, using, offering to sell, selling, or importing into the United States. Patents allow you to receive damages from infringers and design patents also allow you to receive the infringer’s profits. In other words, you are entitled to all profits an infringer receives from using your patented icon.
You can create a recognizable icon which identifies your software, or software functionality, and others cannot duplicate it. This is yet another way to protect your intellectual property and create consumer recognition.
You may license the patent for use by others for a fee.

What is a design patent?

There are three types of patents: design, utility, and plant. A design patent protects the ornamental design from infringement by others. Statutory language defining what is patentable as a design patent and a utility patent is below:

Design patents protect new, original, and ornamental designs for an article of manufacture.

Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.35 U.S.C. s162

Utility patents basically protect useful, novel, and non-obvious products or processes.

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 35 U.S.C. s101

Plant patent statutory language can be found at 35 U.S.C. s161.

Requirements of a design patent.

To obtain a design patent the design must be:

• Novel
• Ornamental, and
• Nonobvious

Term of Design Patent.

A design patents term is 14 years from the date the patent issues. A utility patent lasts for 20 years from the date of filing.

Application process.

Searching.
A search for similar design patents is recommended, although not required before filing an application.
Time Line.
The application process can take roughly two years.

Comprehensive Software Protection.

As part of a comprehensive software protection program, patenting software, registering copyright, registering trademarks and service marks, the additional protection of your computer icons can be another valuable tool in the overall protection of your intellectual property.