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USPTO Loosens “Article of Manufacture” Requirement for Digital Design Patents

by | Mar 24, 2026 | Blog, Internet | 0 comments

The U.S. Patent and Trademark Office (USPTO) issued supplemental guidance clarifying how design patent applications directed to computer-generated graphical user interfaces (GUIs), icons, and other digital designs will be examined. Effective March 13, 2026, the guidance reflects a more flexible approach to protecting digital designs, particularly in environments that are no longer tied to traditional physical displays.

The guidance introduces three notable clarifications. First, it reduces the need for applicants to depict a physical display screen in the drawings in every instance, provided that the relevant “article of manufacture” is clearly identified in the title and claim. Second, the USPTO clarifies acceptable claim language, expressly permitting formulations such as “icon for a display screen,” which provides applicants with greater flexibility in how they define the relationship between the design and its associated article. Third, the guidance confirms that emerging technologies, such as projected, holographic, and virtual or augmented reality interfaces, may qualify for design patent protection, so long as they satisfy the statutory requirements under 35 U.S.C. § 171.

This update follows the USPTO’s ongoing evaluation of the “article of manufacture” requirement and acknowledges the evolving nature of digital products. While applicants were previously expected to more explicitly tie digital designs to a physical display (e.g., “a display screen with a graphical user interface”), the new guidance allows for a broader range of expressions (e.g., “a graphical user interface for a computer”), provided that the claimed design remains associated with a defined article of manufacture.

Importantly, the guidance does not eliminate the “article of manufacture” requirement, but instead clarifies how it may be satisfied in the context of modern, computer-generated designs. In doing so, the USPTO has signaled a more practical and adaptable approach to design patent protection in an increasingly digital landscape.

Victor Bruzos is a Registered Patent Attorney and Associate at Malloy & Malloy, where he specializes in patent prosecution across diverse technologies including artificial intelligence (AI), electronics, software algorithms, medical devices, biotechnology innovations, agricultural equipment, and defense systems, while also managing trademarks, copyrights, and intellectual property litigation matters.