Analysis of Graphical User Interface (GUI) Patent Protection

With the rapid development of Internet, communication, home appliance technology and other fields, users' demand for human-computer interaction of products is getting higher and higher. As one of the key points in the development of computer technology, graphical user interface (GUI) has become increasingly valuable in recent years,GUIThe appearance design has become a hot topic in the patent circle.

In order to fully understandGUIPatent rights need to be addressed in the following three areas: (1)GUIWhat is the object of a patent right? (2)GUIHow are patents obtained? (3)GUIThe scope of patent protection. The following will refer to the patent examination guidelines, examination practice and patent examiner training materials, the above three aspects of the analysis.

1. GUIThe object of design patent protection.

GUIGenerally, it refers to the interface displayed graphically on the product display device. Products include computers, mobile phones, electrical appliances, instruments, meters, industrial equipment, electronic musical instruments, etc.

SinceGUIAppearance design is a kind of appearance design, thenGUIDesigns must comply with the general provisions of the Patent Law on designs. According to the definition of design in Article 2, paragraph 4 of China's Patent Law, the constituent elements of design include: the carrier must be a product.GUIUsually dependent on a specific hardware product, and the latter can be mass-produced, if included.GUIThe whole product is a new design with aesthetic feeling, which naturally meets the requirements of the above definition, thus constituting the object of patent law protection.

On the review guideGUIThe object of patent right is defined as "a complete product with graphical user interface related to human-computer interaction and realization of product functions", in which human-computer interaction refers to the process of information (instruction, feedback, status, etc.) transmission between people and machines through certain interaction methods (such as clicking, touching, sliding, display, etc.); The realization of product function refers to the product can play a beneficial role, including the realization of the function of the product itself and the function realized by the application, but does not include the link website web page.

The above two conditions, that is, human-computer interaction and the realization of product functions exist at the same time of the graphical user interface of the product.GUIThe object of the patent right, at the same timeGUIThe design protects the visual effects of the interaction process.

We usually putGUIThe object of a patent right is divided into five types: (12) Type of equipment special interface; (22) General operating system interface type; (3) Icon interface type; (4) Web application interface type; (51) Application software interface type.

 

2. GUIThe method of obtaining the design patent.

determinedGUIAfter the object of the patent right, we need to convert the object into an application document that meets the patent office's examination requirements and thus facilitates the later use of the right, which involves: (1) Appearance design name; (2) Brief description; (3) product view.

 

(12) Appearance Design Name

InGUIIn the process of patent application, its design name must include the key word "interface", such as the copier with graphical user interface and the application software interface of mobile phone. in determiningGUIWhen the design name of the patent right, there are three situations that are prohibited: (1) The product name cannot only be the content of the graphical user interface involved; (2) The physical carrier of the graphical user interface cannot be used as the product name only; (3) Cannot use too high-level words as product names.

 

(22) Brief Description

1Difficulty determining graphical user interface object type:

It is difficult to determine from the product name and view whether the design belongs to the graphic layout of the website page or the application software interface, which should be explained in the brief description.

For example, the interface of the product is the interface of the computer client software of "mobile assistant". It is difficult to determine whether the microphone pattern on the sound surface is desktop wallpaper or a graphical user interface related to human-computer interaction and product function from the product name and view, which should be explained in the brief description.---The microphone pattern on the audio surface is a graphical user interface. Click the microphone pattern to start the recording function.

2Difficult to identify graphical user interface design areas:

From the view, it is difficult to determine whether the operation key on the body of the mobile phone at the position is still a part of the graphical user interface. In this case, the region of the graphical user interface needs to be described in a brief description.

3Difficult to identify trends in dynamic graphical user interfaces,

It is difficult to determine the change trend of dynamic graphical user interface from the view, which should be explained in a brief description. For the design point lies in the graphical user interface: specify the purpose of the graphical user interface; Write down the design point lies in the graphical user interface design, and when necessary, specify the area of the graphical user interface in the product, human-computer interaction mode and change state, etc.

An example of a brief description is as follows:

ØName of this design product: Graphical user interface for mobile phones (or: mobile phones with graphical user interface);

ØThis appearance design product interface uses: mobile phone operating system interface;

ØThe design points of this appearance design product: the graphical user interface in the screen, the mobile phone is the existing design;

ØThe picture or photograph that best indicates the main points of this design: the main view.

(3) Product View

1The main point of the design is to submit a full view of the interface and the overall product, similar to the regular design.

2The main point of the design is the interface, which should clearly express the product area applied by the graphical user interface through the view, clearly showing the graphical user interface design and its size, position and proportion in the product. When the proportion of the graphical user interface is small, a partial enlargement shall be submitted; a mixed view of drawing and rendering that requires color protection cannot be submitted, but a mixed view can be submitted when color protection is not required.

3Dynamic graphical user interface:

A.     The design point lies in some frames: the interfaces of some frames in the dynamic graphical user interface can meet human-computer interaction or realize product functions, and the applicant can choose to apply for patent protection for these frames separately; If you want to protect multiple frames in one patent at the same time, you also hope that these frames can claim rights separately, on the premise of meeting the single authorization condition, it may be filed in one application in the form of a similar design joint application.

B.     A graphical user interface that contains a "content screen" when used must not contain a "capture content screen" other than the graphical user interface ".

C.A GUI that contains a "content screen" when used must not contain a "playing content screen" outside the GUI, but a view with a "content screen" can be used as a "use state reference map".

D.    A graphical user interface view of an application embedded in a web page can be presented when used.

Note: Only "content screen" can be deleted, and graphical user interface elements cannot be deleted. Deleting "content screen" is not equivalent to protecting simple arrangement layout design.

3. GUIScope of protection of design patents

ForGUIThe scope of protection of the patent right shall be subject to the second paragraph of Article 59 of the Patent Law, specifically: (12) If the main point of the design lies in the graphical user interface, the graphical user interface design expressed in the view shall prevail; its protection scope extends to other products in the same or similar field as the physical product or realize the same interaction and function of the graphical user interface design.

(2) If the design points include the graphical user interface of dynamic process, the starting and ending views and the process of showing the change trend with key frames are protected by patent as a whole; If it is invalid, it can only be invalid as a whole, and it cannot be invalid for one of the state interfaces alone.

Applicant ApplicationGUIThe purpose of the design patent is mainly to protect the graphical user interface, but in order to meet the authorization conditions, it is necessary to apply for a combination of the graphical user interface and specific hardware, so that the scope of protection will be greatly reduced, because the hardware part is also included, although the hardware part of the shape, pattern, color changes do not affectGUIAppearance design, but changes in the hardware part will change the appearance of the product.

For example, aGUIThe product of the design is a computer. If the shape of the computer is also included in the scope of protection, the scope of protection of the design will be greatly reduced, and the right holder will be limited in safeguarding his rights. AlthoughGUIThe design is the same, but because the hardware part is not the same or not similar and is not considered to infringe the design patent.

Therefore, there are many scholars suggest that even in the specific equipment as the object of protectionGUIIn the design patent, when judging whether it is the same or similar, the graphical user interface should still be considered as the most important part, and the hardware part should be weakened, especially the hardware part of the existing design.GUIThe infringement judgment of a design patent shall not be the reason for the judgment of dissimilarity or dissimilarity.