The U.S. Patent and Trademark Office (USPTO) recently issued new supplemental examination guidance significantly affecting design patent applications directed to computer generated icons, graphical user interfaces (GUIs) and other digital interface designs. The guidance, issued on March 13, 2026, provides increased flexibility in how such designs may be claimed and depicted, and expressly addresses emerging technologies such as projected, holographic, virtual reality (“VR”) and augmented reality (“AR”) interfaces. This guidance is effective immediately and applies to all design patent applications, regardless of filing date.
The USPTO’s guidance arrives against the backdrop of ongoing challenges for software utility patents under 35 U.S.C. § 101. Since the Supreme Court’s decision in Alice Corp. v. CLS Bank International, software related inventions have faced heightened scrutiny, with many applications rejected or patents invalidated as directed to abstract ideas.
Design patents offer an alternative and complementary form of protection. Unlike utility patents, design patents protect the ornamental appearance of an article of manufacture and are not subject to the § 101 abstract idea framework. For software based products, this can include GUIs, icons, screen layouts and other visual or interactive elements that are central to user experience and brand differentiation.
Summary of the New Guidance
The USPTO’s 2026 guidance updates prior examination practices concerning whether computer generated electronic images satisfy the “article of manufacture” requirement under 35 U.S.C. § 171. In doing so, the USPTO acknowledged that earlier guidance may have unnecessarily constrained applicants in the digital design space.
Key points include:
- Display screens are no longer required to be shown in the drawings. Design patent applications for computer generated interfaces or icons no longer must depict a display screen, panel or device (even in broken lines), provided that the title and claim clearly identify an article of manufacture (e.g., a computer, computer system or display panel).
- Greater flexibility in claim and title language. Claims using formulations such as “icon for a display panel” or “graphical user interface for a computer” are now expressly recognized as satisfying the statutory requirements, even where the article itself is not illustrated.
- Expanded recognition of emerging interface technologies. The guidance confirms that projected, holographic, VR and AR interfaces may qualify for design patent protection, so long as the claimed design is not merely a transient or disembodied image and is clearly tied to an identified article of manufacture.
- Continued availability of broken line practice. Applicants may continue to use broken lines to depict unclaimed environmental structure or contextual features, preserving established strategies for managing claim scope.
Practical Implications for Design Patent Applicants
The new guidance provides meaningful drafting and prosecution advantages for applicants seeking protection for modern digital interfaces. By eliminating the requirement to depict a display screen in the drawings, applicants can focus more directly on the ornamental aspects of the claimed design and avoid legacy formalities that may not align with current technologies.
This change is particularly relevant for interfaces that do not reside on traditional screens, including immersive, spatial or projected designs. The guidance also reduces the likelihood of form based rejections under § 171 that previously limited design patent strategies for certain software driven products.
Applicants should nonetheless continue to exercise care in ensuring the claimed design is clearly associated with an article of manufacture through the title and claim language.
Our Intellectual Property Practice Group closely follows developments in the field of patents and trademarks to keep clients aware of important developments. If you need assistance or have questions about design-patent related matters, please reach out to attorney Tatyana Voloshchuk at (203) 653-5447 and tvoloshchuk@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.