[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Page 5506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01717]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2023-0047]


Supplemental Guidance for Examination of Design Patent 
Applications Related to Computer-Generated Electronic Images, Including 
Computer-Generated Icons and Graphical User Interfaces

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Examination guidance; correction.

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SUMMARY: The United States Patent and Trademark Office (USPTO) 
published in the Federal Register on November 17, 2023, supplemental 
guidance to be used by USPTO personnel in determining whether a design 
claim including a computer-generated electronic image is directed to 
statutory subject matter. This notice provides the deadline for written 
comments. Additionally, the USPTO has corrected Examples 2, 4, and 5 in 
Section (V) of the supplemental guidance published in the Federal 
Register to reflect certain formatting (i.e., underlining and 
strikethrough) necessary to understand the examples. The supplemental 
guidance, including the examples, will be incorporated into the Manual 
of Patent Examining Procedure in due course.

FOR FURTHER INFORMATION CONTACT: Erin Harriman, Senior Legal Advisor, 
Office of Patent Legal Administration, at 571-272-7747; or Carolyn 
Kosowski, Senior Legal Advisor, Office of Patent Legal Administration, 
at 571-272-7688.

SUPPLEMENTARY INFORMATION: The USPTO published in the Federal Register 
on November 17, 2023, supplemental guidance to be used by USPTO 
personnel in determining whether a design claim including a computer-
generated electronic image is directed to statutory subject matter. See 
Supplemental Guidance for Examination of Design Patent Applications 
Related to Computer-Generated Electronic Images, Including Computer-
Generated Icons and Graphical User Interfaces, 88 FR 80277. This notice 
provides the deadline for submitting written comments through the 
Federal eRulemaking Portal at www.regulations.gov. The deadline for 
submitting comments is November 18, 2024. Please see the ADDRESSES 
section in the November 17, 2023 notice for instructions on how to 
submit comments.

Correction

    In the Federal Register of November 17, 2023, in FR Doc. 2023-
25473, on page 80277, in the third column, correct the DATES caption to 
read:


DATES:  This supplemental guidance is applicable as of November 17, 
2023. Comments must be received by November 18, 2024, to ensure 
consideration.
    In addition, the USPTO has corrected Examples 2, 4, and 5 in 
Section (V) of the supplemental guidance published in the Federal 
Register to reproduce certain formatting (i.e., underlining and 
strikethrough) in the text necessary to understand the examples. A PDF 
version of the examples, which contains the formatting, has been posted 
on the Examination Guidance and Training Materials page under 35 U.S.C. 
171 at www.uspto.gov/patents/laws/examination-policy/examination-guidance-and-training-materials.
    The supplemental guidance, including the examples, will be 
incorporated into the Manual of Patent Examining Procedure in due 
course.

Katherine Kelly Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2024-01717 Filed 1-26-24; 8:45 am]
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