The U.S. Patent and Trademark Office (USPTO) recently issued new examination guidance that significantly relaxes the requirements for obtaining design patents covering digital interfaces, icons, and other computer-generated designs. The guidance, published in March 2026, clarifies how applicants may satisfy the “article of manufacture” requirement under 35 U.S.C. § 171 for designs implemented in digital environments.
The recently-issued guidance introduces several notable changes:
1. Display panels are no longer required in drawings.
Historically, design patent applications directed to graphical user interfaces or icons needed to depict a display screen or portion of a display panel in the drawings, often shown in broken/dashed lines, to identify the associated article of manufacture. Under the new guidance, this requirement has been removed. Applicants may omit the display panel entirely, as long as the title and claim properly identify an article of manufacture.
2. Broader claim language is now accepted.
The USPTO has reversed its prior position on certain claim formats. Titles and claims using the preposition “for” (e.g., “graphical user interface for a display screen” or “icon for a computer”) are now considered sufficient to identify an article of manufacture under § 171. The Office also recognizes terms such as “computer icon” as inherently referencing an article of manufacture.
3. Expanded eligibility for emerging digital environments.
The guidance expressly confirms that design patents may cover projected and holographic interfaces as well as designs used in virtual reality and augmented reality systems, provided the application identifies a corresponding computer or computer system as the relevant article of manufacture.
In summary, these changes provide greater flexibility for applicants seeking protection for digital design elements. By removing strict drawing requirements and permitting broader claim phrasing, the USPTO has made it easier to pursue design patents for modern user interfaces and other software-driven visual designs, including those used in immersive computing environments.
This IP Advisory was prepared by Lando & Anastasi, LLP. The information provided in this Advisory does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. Readers should contact an attorney to obtain legal advice with respect to any particular legal matter.
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