Takeaway: The USPTO has been granting patents for animated display screen portions, known as “changeable computer-generated icons,” since 2006, despite ongoing legal debates about their patentability due to their transient nature.

For years, the patenting of display screen portions was controversial, but recently, there has been a focus on animated display screen portions. For example, in 2006 there was nearly zero issued animated GUI design patent. By 2016, that number increased to nearly 800, with an expected approximately 600 issued for 2024.

The Manual of Patent Examining Procedure (MPEP) calls these “changeable computer-generated icons,” stating that they can be patented if shown in multiple views and described clearly in the specification. The USPTO began granting patents for animated icons in 2006, requiring static images depicting various animation states.

Courts have not yet ruled on their patentability, with key concerns about whether transient animations qualify as “articles of manufacture” under 35 U.S.C. § 171.

Animated designs typically fall into three categories: (1) animated icons functioning like trademarks, (2) transitional animations showing actions, and (3) series of screenshots depicting user interface interactions, like Apple’s slide-to-unlock (USD621849) and video call reception (USD1016837).