Key Takeaway: The USPTO has revised its design patent guidance to better reflect evolving digital interface technologies, including projections and augmented or virtual reality environments. The updated guidance provides design patent applicants with greater flexibility when claiming computer interface designs, particularly where interfaces are not confined to traditional display screens.
On March 13, 2026, the United States Patent and Trademark Office (USPTO) published supplemental examination guidance for design patent applications, expanding flexibility for applicants seeking design patent protection for computer-generated interfaces and icons, including projections, holograms, and virtual or augmented reality interfaces. The update is intended to address the growing disconnect between prior examination practices and the realities of modern digital interface technologies.
The guidance applies to all U.S. design application and proceedings filed before, on, or after March 13, 2026, the effective publication date. The guidance also provides illustrative examples applying the updated guidelines to representative design applications.
Background: The “Article of Manufacture” Requirement
To be eligible for design patent protection, a claimed design must be for an article of manufacture under 35 USC § 171. To satisfy this requirement in applications directed to computer-generated images, the USPTO previously required the drawings to include the physical display panel containing the claimed image, in either solid or broken lines.
To address stakeholder concerns and advancements in computer interface technologies, the USPTO has updated their examination guidance to be more expansive.
Display Panels are No Longer Required in the Drawings
Under the supplemental guidance, drawings no longer need to illustrate a display panel containing the claimed design when both the title and claim clearly indicate that the design is embodied in an article of manufacture, such as a computer, computer system, or a computer display panel. Applicants may still choose to depict a display panel, for example, in broken lines, but they are no longer required to do so.
This change permits applicants to focus their drawings on the claimed design itself rather than peripheral hardware components, which may reduce drafting costs and decrease the likelihood of formal drawing objections during examination. Omitting any display panels from the drawings may also help keep both examination and eventual enforcement focused on the appearance of the claimed interface, rather than on any surrounding hardware.
Protection for Projections, Holograms, and Virtual or Augmented Reality Interfaces
The guidance acknowledges that patent-eligible designs are not limited to interfaces and icons displayed within the bounds of conventional display screens. Specifically, the USPTO confirms that computer-generated designs may qualify for protection even when the design is visually separate from the computer that generates it, including:
- Projections
- Holograms
- Augmented Reality Interfaces and Icons
- Virtual Reality Interfaces and Icons
To qualify for protection, such designs must be for a computer, computer display, or computer system, and must be more than a transient or disembodied image.
Title and Claim Language
The guidance confirms that claims language indicating an interface or icon is “for” a computer, computer display, display screen, or computer system sufficiently associates the design with an article of manufacture. The guidance provides the following acceptable examples of using the term for in connection with an article of manufacture:
- Icon for display screen
- GUI for display panel
- Projected interface for a computer
- Virtual reality interface for a computer
This clarification provides applicants with greater claim drafting flexibility and allows applicants to focus their claims more squarely on the design itself, rather than the hardware in which the claimed design happens to be embodied.
Takeaways for Practitioners
The March 2026 supplemental guidance provides broader drafting flexibility for computer‑generated design applications and reinforces the importance of design patents as a powerful tool for protecting user interface features. User interfaces often drive customer engagement and brand recognition, making them a common target for copying. Competitors often copy user interfaces to compete more directly with market leaders, sometimes in response to customer demand for similar functionality or user experiences. In many cases, infringement of user interface designs can be easier to identify than infringement involving less visible software functionality. As a result, for some software products, design patents covering interface features may be among the most effective forms of IP protection available.
This updated guidance reaffirms and expands the availability of design patent protection for user interfaces, including not only traditional display‑based interfaces, but also emerging technologies such as augmented reality, virtual reality, projected interfaces, and holographic displays. In light of the updated guidance, companies should consider whether legacy design patent templates and drawing conventions should be updated to provide more strategic protection for interface designs, particularly where such designs are not confined to traditional display screens.
As always, applicants should continue to comply with traditional design patent requirements. For example, applicants should continue to provide an adequate number of drawing views to fully disclose the claimed design, as claim scope remains limited to the overall appearance shown in the figures. Applicants should also note that this guidance does not constitute substantive rulemaking and was developed for internal USPTO examination purposes. Accordingly, any failure by examiners to follow the guidance is neither appealable nor petitionable.
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