Beyond the Traditional Screen: The USPTO Catches Up with Digital Design
In its official March 2026 notice, “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Interfaces and Icons,” the USPTO introduced greater flexibility in the examination of design patent applications relating to icons and digital interfaces.
Initially, the definition of “an article of manufacture”, required for design patents, was broadened to include icons and digital designs as stand-alone objects. Additionally, the guidance clarifies that designs such as projections, holograms, and AR/VR interfaces may also be eligible for protection, and that applicants may no longer need, in every case, to depict the design as part of a physical display panel, as was commonly required in the past. The official USPTO notice is available here https://www.uspto.gov/patents/laws/examination-policy/examination-guidance-and-training-materials
The shift can be seen particularly in the following parts of the guidance:
Section B removes the display panel requirement from the drawing;
Section C expressly expands the guidance to projected, holographic, and AR/VR designs; and
Section D(1)(a) confirms that claim or title language using “for” may be sufficient, while instructing examiners not to object to such phrasing on that basis.
Why does this matter?
For technology companies, product developers, application designers, and businesses investing in digital user experiences, this may broaden the scope for seeking design protection for assets that are not necessarily tied to a conventional display.
This is not a wholesale change to the requirements for design patent protection. Rather, it is an important development and one that better reflects the way digital design is created, used, and experienced today.
