From Screens to Spaces: The USPTO Expands Design Patent Eligibility for Digital Designs

Design patents are a form of intellectual property that protects the ornamental appearance of a functional item, known legally as an "article of manufacture."  To qualify, the design must be applied to something that serves a utilitarian purpose; items that serve a purely decorative purpose are excluded. For example, a picture frame qualifies because it performs the function of holding a picture, whereas the picture itself does not. 

Traditionally, qualifying functional items have included physical objects such as clothing, furniture, and device housings. In the 1990s, however, the USPTO extended design patent eligibility to certain computer-generated interfaces, icons, and other digital designs, specifically, those that function as an integral and active component in the operation of a programmed computer. See Ex parte Strijland, 26 USPQ2d 1259 (Bd. Pat. App. & Int. 1992). Representative examples include app icons and interface elements like Apple’s “swipe to unlock” feature on iPhones.  But even then, an important limitation remained: the design had to be tied to a physical device, such as a phone or display screen, to satisfy the “article of manufacture” requirement. 

In its most recent supplemental guidance (effective March 13, 2026), the USPTO extended design patent eligibility a step further by expressly recognizing that projected, holographic, and virtual and augmented reality designs (collectively known as "PHVAR") may now also qualify for design patent protection.  In other words, eligible designs are no longer confined to two-dimensional display screens or the devices that incorporate them.  Set forth below are several examples of technological applications featuring digital designs that may now be eligible for design patent protection. 

1.    Heads-up displays and automotive interfaces

·       HUD of Mercedes S-Class: https://www.extremetech.com/cars/314758-2021-mercedes-s-class-2-hud-sizes-level-3-autonomy-4d-sound-5-lcds  

2.    Projection-based interfaces

·       Martin Tomitsch, Mark C. Mitchell & Hanley Weng, Designing for Mobile Interaction with Augmented Objects, PerDis 2012 (June4–5, 2012): ‍https://dl.acm.org/doi/10.1145/2307798.2307803 

3.    Holographic and volumetric interfaces

·       Elodie Bouzbib et al., FlexiVol: A Volumetric Display with an Elastic Diffuser to Enable Reach-Through Interaction, CHI Conference on Human Factors in Computing Systems (CHI '25) (April 26–May 1, 2025): https://dl.acm.org/doi/10.1145/3706598.3714315 ‍

4.    Augmented and virtual reality systems

·       Swing Genius mixed-reality golf training application: https://swinggenius.com/ and https://www.youtube.com/watch?v=NU90ieUL8V8 (at 1:00)

With this guidance, the USPTO is acknowledging that modern innovation increasingly occurs in digital and virtual spaces, and that such innovation is worthy of protection.  Inventors developing distinctive digital experiences across both traditional and nontraditional display environments may now have expanded opportunities to secure meaningful design patent protection, even where the specific hardware platform has not yet been determined. 

As the scope of design patent protection continues to expand, now is an excellent time to explore how digital innovations can be protected. Whether developing user interfaces, immersive environments, or other novel digital designs, opportunities now exist to pursue broader design protection and strengthen intellectual property strategies. 

If you are interested in filing for design patent protection, we invite you to reach out to our firm.