Principal Craig Deutsch Discusses USPTO Guidance Expanding Design Patent Protection for Computer-Generated Images
Law360
Principal Craig Deutsch spoke with Law360 about the new U.S. Patent and Trademark Office guidance expanding design patent protection for computer-generated images displayed through technologies such as virtual reality, augmented reality, projections, and holograms. The guidance removes the requirement that design patent drawings include a display screen, providing greater clarity for applicants pursuing protection for designs associated with emerging technologies.
Deutsch explained that while applicants were not previously barred from seeking protection for these designs, the display screen requirement created uncertainty in examination and outcomes. He noted that the updated guidance may lead to increased filings and new approaches to presenting these technologies in design patent applications.
Excerpt: “There's just more certainty around it. And I think we'll see applicants taking advantage of that, both in the volume [of applications] and how they're presenting that subject matter in the applications.”