On March 13, 2026, the USPTO supplemented its guidance for the examination of design patent applications related to computer-generated interfaces and icons. The USPTO revisited whether a “design [patent] claim including a computer-generated electronic image constitutes statutory subject matter.” Federal Register/Vol. 91, No. 49/March 13, 2026/Notices, 12394. In answering affirmatively, the USPTO addressed feedback that prior guidance “may unnecessarily limit flexibility” for applicants seeking design patent protection for computer-generated interfaces and icons. The supplemental guidance reflects a USPTO policy shift that provides clarity and greater flexibility for businesses and practitioners pursuing design patent protection for modern digital designs.
The supplemental guidance in effect lowers the requirements for obtaining design patents for computer‑generated interfaces and icons. Among the significant changes highlighted in the supplemental guidance are the following:
- Applicability of § 171 to Digital Designs Reaffirmed and Expanded. Clarification that “a design of a computer-generated interface or icon for a computer, computer display, or computer system . . . is patent-eligible subject matter when disclosed and claimed in accordance with the pertinent rules and statutory requirements.” This resolves ambiguity stemming from the 2023 Guidelines and expands prior guidance by clarifying that computer-generated interfaces or icons are patent eligible regardless if the design is disembodied from a device, provided all other requirements are met.
- Drawing Standards Relaxed. Drawings are no longer required to “depict the article of manufacture (e.g., computer or broken portion thereof) in either solid or broken lines for design patent applications drawn to computer generated interfaces or icons where both the title and claim properly identify an article of manufacture.” This in effect eliminates the prior opposite requirements in M.P.E.P § 1504.01(a) instructing examiners to reject “design patent applications related to computer-generated images under 35 U.S.C. § 171.”
- Enhanced Flexibility in Claiming. Makes clear that “claim and title language that indicates that an icon or interface is ‘for’ a computer, computer system, or computer display panel adequately describes a design for an article of manufacture under 35 U.S.C. § 171.” In this regard, examiners will no longer be allowed to object to claims for these types of designs under 37 C.F.R. §§ 1.153 and 1.1067.
- Design Patent Eligible Subject Matter Expanded. The supplemental guidance also highlighted additional types of designs that are eligible for design protection. Those additional types of designs include “projection and holograms for computers, computer displays, and computer systems where the appearance of the interfaces and icons is separate from the claimed computer, computer display, or computer system that generates it.”
While USPTO practice and case law are expected to further shape how the supplemental guidance is interpreted and implemented, the changes impact the area of design patents at least as follows:
- Digital Designs Are No Longer Tied to a Specific Display. Applicants can now have claims for “a computer” or “a computer system,” which avoids limiting the design to a particular type of display screen (e.g., computer, watch, mobile phone, etc.). For example, examiners are required to accept a claim directed to “an icon for a computer system” or an “icon for a computer.”
- The Claim and Title Alone Can Define the Article Of Manufacture. Applicants may define the article of manufacture through the claim language and the title alone. As long as the claim identifies the article of manufacture, examiners will no longer request that the drawings depict it.
- More Robust IP Protection Available for Modern Digital Designs. With design protection now available for projections, holograms, and virtual or augmented-reality, businesses can more readily secure robust IP coverage through both utility and design filings. Design protection for such designs is often obtained faster than utility patents, allowing companies to establish enforceable rights early, while a related utility application directed to the underlying technology or software remains pending and potentially facing challenges, such as a 35 U.S.C. § 101 patent-eligibility rejection.
The changes promulgated by the supplemental guidance encourage seeking protection for computer‑generated interfaces and icons. Such interfaces and icons are often valuable assets to businesses and the new guidelines widely open the door to seeking and obtaining protection of such assets.
The supplemental guidance is accessible at: https://www.govinfo.gov/content/pkg/FR-2026-03-13/pdf/2026-04987.pdf. It is effective as of as March 13, 2026, and applies retroactively to all pending design applications. The deadline for comments to the supplemental guidance ends on May 12, 2026.
Please contact us or your LD client contact attorney with any questions about how the supplemental guidance may impact your business or if you have an interest in learning more about design patents.