IP Law Daily, STRATEGIC PERSPECTIVES: New USPTO guidance on design patents for computer-generated images sparks debate, (Mar 18, 2026)
Law Firms Mentioned:Finnegan LLP
Organizations Mentioned:Finnegan, LLP
A Strategic Perspectives article describes recent supplemental examination guidance for high-tech images, e.g., projected or VR interfaces, and looks at differing opinions regarding treatment of the “article of manufacture.”
Recent technological advances in computer graphics—such as projected or virtual-reality interfaces and icons—do not always fit neatly into current examination guidelines for design patents. Citing feedback from stakeholders to this effect, the USPTO has been considering changes to its design patent examination guidelines since December 2020. This effort has culminated in the recent publication of supplemental guidance for determining whether a design claim including a computer-generated electronic image constitutes statutory subject matter. According to the USPTO, the new guidance will “provide design patent applicants with more flexibility in choosing how to present a new, original, and ornamental design for a computer-generated interface or icon when filing a design patent application with the USPTO.”
Reactions to the new examination guidance have varied. Design patent practitioners welcome the added clarity and smoother path toward obtaining protection for technologically advanced images. Others argue that the USPTO is exceeding statutory definitions limiting the allowable scope of design patents, particularly the “article of manufacture” requirement, which could result in the issuance of design patents that cannot withstand court challenges.
A Strategic Perspectives article examines the USPTO’s Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Interfaces and Icons. The article looks at the differing views of two subject-matter experts: Finnegan partner Beth Ferrill and Chicago-Kent College of Law Professor Sarah Fackrell, concluding with a prediction that questions raised by the guidance will have to be answered by the courts.
The article, titled “New USPTO guidance on design patents for computer-generated images sparks debate,” is available here.
Attorneys: Beth Ferrill (Finnegan LLP); Sarah Fackrell, Chicago-Kent College of Law.
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