The USPTO issued clarifying guidance on whether Graphical User Interfaces (GUIs) can be covered by design patents. The relevant statute requires that a design patent cover a “good” or article of manufacture and a GUI is not a “good.” The clarifying guidelines emphasize that the design patent must claim a “good” and not just an image such as a GUI.

The guidelines are a great reminder that great care must be used when filing design patents. Failing to describe a GUI as being part of a "good" will be fatal to a design patent application. While design patents look easy, a patent attorney with significant experience in filing design patents can help you avoid any fatal errors.