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On March 13, 2026, and effective immediately, the United States Patent and Trademark Office (USPTO) published a notice of “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Interfaces and Icons” in the Federal Register (“Supplemental Guidance”), with application to all design patent applications filed before, on, or after March 13, 2026. In short, the Supplemental Guidance establishes that when the title and claim identify a computer, computer system, or computer display panel as the article of manufacture, there is no longer a requirement to depict that article of manufacture in the drawing or drawings to ensure that a claimed design of a computer-generated interface or icon for that article of manufacture is patent-eligible subject matter. The Supplemental Guidance also opens the door for standalone design protection of projected, holographic, and virtual and augmented designs that appear on or are generated by an electronic device.

Continue Reading Leave the Article, Take the Design: USPTO Updates Guidance for Digital Designs to Drop the Depiction Requirement for Computer Screens

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as “industrial designs.” One main goal of the Design Law Treaty is to help designers in domestic and foreign jurisdictions obtain design protection faster, easier, and cheaper. In theory, the Design Law Treaty would help to streamline the registration formalities in jurisdictions that are signatories to the treaty and reduce the amount of “red tape” that comes with obtaining design protection across different jurisdictions.

Continue Reading USPTO Request for Public Comments Regarding the WIPO Design Law Treaty

The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register on December 21, 2020, requesting comments from the public related to the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171. In particular, the USPTO asked whether the article of manufacture requirement should be revised to encompass “disembodied” designs made perceptible by new and emerging technologies. The comment period closed on February 04, 2021, with a total of 19 public comments received.
Continue Reading Quick Take on Results of USPTO Request for Comments on Article of Manufacture Requirement for Designs