Design Patent Protection Expands Beyond the Screen

On March 12, 2026, the USPTO published new guidance marking a notable expansion in how design patent protection can apply to modern digital experiences. For the first time, the Office explicitly recognizes that computer-generated images displayed through projections, holograms, virtual reality, and augmented reality—collectively referred to as PHVAR—can be eligible design patent subject matter. The guidance offers concrete examples, such as projected keyboards and virtual reality motorcycles, signaling a more technology‑agnostic view of what constitutes a protectable design in increasingly immersive environments.

Equally significant is the USPTO’s decision to remove the long‑standing requirement that design patent drawings for computer-generated images include a depiction of a display screen to satisfy the “article of manufacture” requirement. Instead, applicants may now identify the article of manufacture through the title and claim language alone, for example by reciting that an interface is “for” a computer or computer system. This change addresses a practical pain point for software‑focused companies that design user interfaces without controlling the underlying hardware—and it represents a clear departure from the USPTO’s more restrictive 2023 guidance.

While the supplemental guidance does not carry the force of law and has already drawn some statutory criticism, it meaningfully cracks the door open for protecting projected and immersive visual designs and will likely drive increased interest in design patent filings for next‑generation digital products.