USPTO Opens the Door to Design Patents for Virtual Reality, Holograms, and Digital Interfaces

On March 13, 2026, the United States Patent and Trademark Office (USPTO) published new supplemental guidance that significantly expands the scope of design patent protection for computer-generated designs. The updated rules eliminate a long-standing requirement that applicants include a physical display screen in their design patent drawings, opening the door for businesses to protect graphical user interfaces, icons, holograms, projections, and virtual and augmented reality designs as standalone patentable articles.

What Changed?

To understand why this matters, it helps to know how design patents have traditionally worked for digital products. A design patent protects the ornamental appearance of a manufactured article. For years, the USPTO required that digital designs like app icons or user interfaces be shown on or in connection with a display screen or monitor. In other words, you could not patent the look of an icon by itself. You had to show it displayed on a device.

The new guidance reverses the USPTO's 2023 position on this issue. Applicants no longer need to depict a physical display panel in their drawings for many types of computer-generated designs. Instead, the guidance clarifies that simply identifying the article of manufacture in the patent title and claim language is sufficient. A design described as being "for" a computer, computer display, or computer system now adequately satisfies the article of manufacture requirement.

Why This Matters for Emerging Technology

This change is especially significant for companies working in virtual reality, augmented reality, holographic displays, and projected interfaces. Under the old rules, it was unclear whether a holographic image floating in space or an AR overlay seen through smart glasses could qualify for design patent protection, since there was no traditional "screen" to anchor the design to. The new guidance explicitly recognizes these categories of digital designs as potentially patent-eligible, provided the applicant correctly identifies the article of manufacture.

The timing of this update is no accident. The market for AR and VR technology is growing rapidly, and companies are investing heavily in the visual design of their digital environments. From the layout of a VR workspace to the animated icons in a heads-up display, these designs represent real creative and commercial value. Without patent protection, competitors could freely copy the look and feel of another company's digital products.

Key Takeaway for Business Owners

If your business develops digital products with distinctive visual designs, this guidance creates a clearer path to patent protection. Whether you are building mobile apps with unique interface layouts, designing VR environments, or creating holographic product displays, you should consider filing design patent applications to protect those visual elements before a competitor enters the market with something similar.

Design patents are often overlooked in favor of utility patents, but they offer distinct advantages. They are typically faster and less expensive to obtain, and they provide 15 years of protection from the date of grant. For products where the visual appearance is a key differentiator, a design patent can be a powerful tool to prevent copying.

The USPTO's new guidance applies immediately to all pending and future design patent applications, so there is no waiting period. Businesses that have been holding off on filing because of uncertainty around digital design protection now have a much stronger foundation to move forward.

Interested in learning whether your digital designs qualify for patent protection? Schedule a free consultation with Diorio IP Law Group to discuss your options.