USPTO Relaxes Design Patent Requirements for Digital Interfaces – Physical Display Depiction No Longer Required

The United States Patent and Trademark Office (USPTO) published updated examination guidance on March 12, 2026, significantly relaxing the requirements for obtaining design patents on computer-generated interfaces and icons. The longstanding requirement to depict a display panel or portion thereof in solid or broken lines has been eliminated, provided the title and claim properly identify an article of manufacture.

This change completes a policy arc that began with a 2020 request for public comment on the meaning of “article of manufacture” under 35 U.S.C. § 171, and has the potential to fundamentally reshape design protection practices in the digital age.

Three Key Practical Changes

The new guidance published in the Federal Register on March 13 (formally titled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Interfaces and Icons,” Docket No. PTO-P-2026-0133) introduces three practical changes that design patent prosecutors should note immediately.

First, the drawing requirement has been eliminated. The requirement under MPEP § 1504.01(a) that GUI and icon applications include depictions of a display panel in solid or broken lines has been removed, as long as the title and claim adequately identify an article of manufacture.

Second, claim language has been made more flexible. The use of the preposition “for” in claim phrasing — such as “icon for display screen” or “projected interface for computer” — is now accepted as adequately describing a design for an article of manufacture. Where previously applicants needed the verbose formulation “The ornamental design for a display screen or a portion thereof with a graphical user interface,” they can now use streamlined alternatives like “The ornamental design for a graphical user interface for a computer” or simply “Computer icon.”

Third, eligibility now extends to projected, holographic, and XR interfaces. Design patent eligibility has been explicitly expanded to cover projected interfaces, holographic interfaces, and virtual and augmented reality designs for computers and computer systems.

GUI Design Patent Trends

According to analysis by Patently-O, a total of 27,660 GUI-related design patents were issued between 2011 and 2025. In 2025, 2,787 GUI design patents were issued, representing approximately 5% of all design patents. The peak year was 2016, with 3,111 patents issued.

With the lowered filing threshold under the new guidance, these numbers are likely to increase further.

Implications for Big Tech Filing Strategies

The relaxed requirements carry immediate strategic implications for technology companies whose core products center on digital interfaces.

Apple is rapidly expanding its spatial computing interface through Vision Pro, in addition to its established UI elements for iPhone, iPad, and Mac. With projected and spatial UI elements now formally eligible for design patent protection, securing rights over Vision Pro interaction designs becomes significantly easier.

Google holds extensive design assets across Android OS, Chrome, and various cloud services. The more flexible claim language enables more efficient filings for Material Design components and icon sets.

Meta, which is developing VR and AR interfaces as the core of its metaverse strategy, will find new protection opportunities for Quest series UI elements and Horizon Worlds virtual space interfaces.

AI-Generated Interfaces: A New Frontier

The guidance change also intersects with the emerging question of protecting AI-generated UI designs. As generative AI tools for interface design become commercially viable, a protection framework that does not depend on physical display hardware serves as an important foundation for securing rights in AI-generated designs.

However, the question of inventorship for AI-generated designs remains open. The USPTO’s 2025 revised guidance on AI-assisted inventions established human contribution requirements for AI-assisted inventions, and similar issues are likely to arise in the design patent context.

Practical Takeaways

For design patent practitioners, responding to these changes is an immediate priority. The new guidance takes effect immediately and affects both pending applications and continuation strategies. In particular, VR and AR designs that were previously deferred due to the physical display depiction requirement merit fresh evaluation.

By leveraging the newly accepted claim formulations, practitioners can also optimize the scope of protection. Broadening claim language from “for a display screen” to “for a computer” may secure design rights that are not limited to a specific device form factor.