Increased Flexibility for Graphical User Interface Design Patent Applicants

On March 12, 2026, the U.S. Patent and Trademark Office (“USPTO”) released new guidance[1] (the “Guidance”) that updates prior USPTO practice guidelines for the examination of design patent applications for computer-generated interfaces, commonly known as graphical user interfaces (“GUIs”) and icons.

With the evolution of computer technology, such as the increased usage of artificial intelligence, the USPTO recognizes that the field of GUI designs is also evolving at a rapid pace. Appreciating this evolution is spurring the USPTO and others[2] to enable designers to effectively and efficiently protect their computer interface designs.

We expect the rise of GUI, icon, and other virtual interface designs to increase given this Guidance, and the number of rejections during examination to decrease given the more flexible standards announced in this Guidance.

A couple of notes regarding the Guidance are provided below, starting with some key takeaways.

Guidance Highlights Additional Design Patent Subject Matter: The Guidance highlights that projections, holograms, and virtual and augmented reality icons or interfaces are eligible for design patent protection so long as the designs are disclosed and claimed correctly.
Guidance Eliminates the Requirement to Depict Display Screen/Panel: Applicants no longer need to depict a display screen in applications related to computer-generated images, which was formerly a requirement of MPEP 1504.01(a), as long as both the title and the claim properly identify the article of manufacture (e.g., a computer).

The USPTO warns that design patents cannot claim transient, disembodied, or three-dimensional computer-generated images alone; they must still claim the design of an article of manufacture.

With this Guidance, there are now two ways to comply with this requirement: (i) show the display screen or portion thereof in broken lines (traditional method) or (ii) the title and the claim must properly identify the article of manufacture, even if there is no display panel depicted in the drawings.

With respect to option (ii), Applicants can now omit showing the display screen in dashed lines so long as the title and claim identify the article of manufacture (e.g., for a computer, computer system, computer display panel, etc.).The guidance instructs applicants to use language with the word “for,” such as: “icon for display panel,” “projected interface for computer,” or “interface for computer system.”

Based on the foregoing, examples of acceptable and unacceptable drawings, titles, and claims relative to the Guidance are provided below.

While we expect to see an increase in computer interface applications, it is important to note that this help is specific to the U.S. Caution should be employed when pursuing virtual interface designs abroad.

[1] See

[2] India has recently proposed several changes to their Designs Act, including proposing amendments to expressly provide for design patent protection for GUIs, icons, and other virtual designs (e.g., AR/VR interfaces). See https://www.dpiit.gov.in/static/uploads/2026/01/791a71ebde47d93b67560f7394be2fec.pdf

Disclaimer

This blog is made available by ��; Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of ��; Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.