Core Event: On March 12, 2026, USPTO Director John A. Squires issued supplemental guidance that fundamentally restructures how design patents protect computer-generated interfaces, icons, and digital designs.[1] The guidance, effective March 13, 2026, removes the longstanding requirement that applicants must depict a physical "article of manufacture" in design patent drawings for digital designs.[3] Instead, applicants may now identify—but not necessarily illustrate—the article of manufacture, provided it is clearly stated in the title and claim.[1] This change extends protection to emerging technologies including projections, holograms, and augmented and virtual reality interfaces.[1][3]
Key Actors and Jurisdiction Context: The change positions the U.S. to align with international design protection standards.[1] The European Union had already expanded its definition of "product" to include "digital and non-physical creations" as of May 1, 2025, while Japan and the Republic of Korea had previously offered broader digital design protections.[1] The USPTO's action closes a significant gap that had put American innovators at a disadvantage in protecting immersive technology designs.[1]
Why It's Newsworthy: Prior U.S. law required design patents to be tied to and illustrated as being on a physical article of manufacture—apart from limited exceptions for typefaces and fonts.[1] This restriction created "strategic challenges for businesses investing heavily in immersive technologies" by limiting potential protection for entirely virtual or projected designs.[1] The new guidance directly addresses this limitation, enabling companies developing augmented reality, virtual reality, and other digital interface technologies to secure equivalent patent protection to their international competitors.