Commerce Department, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has recently received feedback that previously-issued guidance may unnecessarily limit flexibility for design applicants in the field of computer-generated interfaces and icons. Upon review, the USPTO has decided to update its guidance for determining whether a design claim including a computer-generated electronic image constitutes statutory subject matter. The USPTO is issuing this updated supplemental guidance to 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.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce United States Patent and Trademark Office [Docket No.: PTO-P-2026-0133] AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Examination guidance. SUMMARY: The United States Patent and Trademark Office (USPTO) has recently received feedback that previously-issued guidance may unnecessarily limit flexibility for design applicants in the field of computer-generated interfaces and icons. Upon review, the USPTO has decided to update its guidance for determining whether a design claim including a computer-generated electronic image constitutes statutory subject matter. The USPTO is issuing this updated supplemental guidance to 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. DATES: This supplemental guidance for examination of design patent applications related to computer-generated interfaces and icons is effective on March 13, 2026 and applies to all design patent applications or proceedings under Chapter 30, 31 or 32 filed before, on or after March 13, 2026. Comment Deadline Date: Comments must be received by May 12, 2026 to ensure consideration. ADDRESSES: Written comments must be submitted through the Federal eRulemaking Portal at www.regulations.gov . To submit comments via the portal, enter docket number PTO-P-2026-0133 on the homepage and select the “Search&rdq…
Citation: 91 FR 12394
