VR Images, AR Images, Projections, and Holograms are Now Patentable Designs at the USPTO:
- Under the Expanded Guidance on Design Patents for Computer‑Generated Interfaces and Icons
The United States Patent and Trademark Office (USPTO) published Supplemental Guidance for Examination of Design Patent Applications Related to Computer‑Generated Interfaces and Icons[1] in the Federal Register[2] that are effective March 13, 2026. The guidance significantly expands flexibility for design patent applicants seeking protection for graphical user interfaces (GUIs), icons, and emerging digital designs, including projected, holographic, virtual‑reality (VR), and augmented‑reality (AR) interfaces.
The guidance updates the Manual of Patent Examining Procedure (MPEP) relating to the “article of manufacture” requirement under 35 U.S.C. § 171.
Key Takeaways
- Display screens no longer need to be shown in drawings for many GUI and icon designs.
- “For a computer / computer system / display” claim language is now expressly endorsed.
- Projected, VR, AR, and holographic interfaces are recognized as potentially design‑patent eligible.
- The USPTO adopts a broader, technology‑neutral interpretation of “article of manufacture.”
These updates provide greater drafting flexibility for practitioners and expand protection opportunities. However, careful claim drafting remains critical and the application must still clearly identify an article of manufacture. Applicants with pending design applications, as well as those considering new filings, may wish to reassess claim strategy in light of this guidance.
Although these updates go into effect at the USPTO immediately, these updates are procedural and do not reflect a change in the law. A cautious practitioner may consider filing embodiments with and without the display screen for compliance with the updated procedures and the existing caselaw.
If you have questions about how this guidance may affect your design patent portfolio or pending applications, please feel free to contact us.
[1] https://www.federalregister.gov/public-inspection/2026-04987/guidance-examination-of-design-patent-applications-related-to-computer-generated-interfaces-and?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
[2] https://federalregister.gov/d/2026-04987
