Design Patent Protection for Digital Interfaces and Icons - An Update

By Wei Wei Jeang

A significant USPTO policy change to take effect on March 13, 2026 expands how design patents can be obtained for computer-generated interfaces and icons.

What Changed?

Previously, applicants seeking design patent protection for computer icons or graphical user interfaces (GUIs) were required to show the physical display device screen — either in solid or broken lines — in the drawings. Under the new guidance, if the title and claim language properly identify an article of manufacture (like "a computer" or "a computer display"), the drawings themselves no longer need to depict the screen itself.

The USPTO also clarified that using the word "for" in a title or claim — as in "icon for a computer display screen" — is sufficient to establish that the design is tied to an article of manufacture, and examiners will no longer reject claims on that basis.

Not every digital image qualifies for design patent protection. To be eligible, the design must be an interface or icon tied to a computer, computer display, or computer system — not merely "a transient or disembodied picture or three-dimensional image." In other words, if the design does not serve as an interface or icon for a computer or computing device, it won't meet the article of manufacture requirement and cannot be patented. The Supplemental Guidance defines "icon" as "visual symbol or image that represents a computer program, file, application, or function and allows users to quickly access and interact with various items on their computer display." An "interface" is defined as "a computer interface and is the space where interactions between users and computers, computer displays, and computer systems occur and encompasses the visual and interactive elements that users engage with such as pages, screens, buttons, forms, and other visual components."

Why Does It Matter?

By omitting the requirement to show the device screen in the drawings, the guidance expressly extends design patent eligibility to designs for projections, holograms, and virtual and augmented reality (PHVAR). This reflects the reality that computer-generated user interfaces have moved well beyond being displayed on a monitor or display screen. For example, projected keyboards, AR overlays, and VR environments — these elements are now eligible for design patent protection.

The USPTO drew on a broad reading of the Supreme Court's Samsung v. Apple decision, which characterized an "article of manufacture" simply as a thing made by hand or machine, as well as the older In re Hruby case, where even a water fountain's design was found patent-eligible. The agency reasoned that digital projections and holograms as well as AR/VR elements deserve analogous treatment.

What Stays the Same?

Applicants still need to satisfy all patentability requirements, including novelty, non-obviousness, and the enablement and clarity requirements of 35 U.S.C. 112. The scope of any claim remains limited to what is actually shown in the figures, so practitioners should be thoughtful about providing sufficient views to fully disclose the appearance of the design.

Takeaway for Practitioners

This update to the design patent requirements means new opportunities for clients in software, gaming, AR/VR, and consumer electronics to protect the visual appearance of their computer-generated elements - unique digital interface and icon designs are now eligible for design patent protection.