CN  /  EN

imgboxbg

NEWS

新版《专利审查指南修改草案(征求意见稿)》公布,有望解决GUI外观设计保护困局

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-05-26 12:23
  • Views:

(Summary description)2019年4月4日,国家知识产权局公布了《专利审查指南修改草案(征求意见稿)》,对现行的《专利审查指南》进行了多处修改。其中,变化较大的是对图形用户界面(GUI)的相关规定。现行的《专利审查指南》中对图形用户界面的规定包括:就包括图形用户界面的产品外观设计而言,应当提交整体产品外观设计图。图形用户界面为动态图案的,申请人应当至少提交一个状态的上述整体产品外观设计视图,对其余状态可仅提交关键帧的视图

新版《专利审查指南修改草案(征求意见稿)》公布,有望解决GUI外观设计保护困局

(Summary description)2019年4月4日,国家知识产权局公布了《专利审查指南修改草案(征求意见稿)》,对现行的《专利审查指南》进行了多处修改。其中,变化较大的是对图形用户界面(GUI)的相关规定。现行的《专利审查指南》中对图形用户界面的规定包括:就包括图形用户界面的产品外观设计而言,应当提交整体产品外观设计图。图形用户界面为动态图案的,申请人应当至少提交一个状态的上述整体产品外观设计视图,对其余状态可仅提交关键帧的视图

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-05-26 12:23
  • Views:
Information

2019年4月4日,国家知识产权局公布了《专利审查指南修改草案(征求意见稿)》,对现行的《专利审查指南》进行了多处修改。其中,变化较大的是对图形用户界面(GUI)的相关规定。

现行的《专利审查指南》中对图形用户界面的规定包括:就包括图形用户界面的产品外观设计而言,应当提交整体产品外观设计图。图形用户界面为动态图案的,申请人应当至少提交一个状态的上述整体产品外观设计视图,对其余状态可仅提交关键帧的视图,所提交的视图应当能唯一确定动态图案中动画的变化趋势。

正是由于这样的规定,引发轰动一时的“GUI专利第一案”。2016年5月,北京奇虎科技有限公司向北京知识产权法院起诉北京江民科技技术有限公司,奇虎科技有限公司认为江民科技软件界面的GUI设计侵犯了其专利名为“带图形用户界面的电脑”的专利权,但是北京知识产权法院驳回了原告的全部诉讼请求。北京知识产权法院的驳回理由主要有以下两个方面:(1)GUI外观设计专利侵权认定没有明文认定规则的情况下,适用现有的外观设计侵权规则,即外观设计专利保护的范围不仅要考虑设计要素,同时也要考虑产品要素,产品要素和设计要素均以图片和照片中所显示的内容为依据。而奇虎科技的涉案专利中,所要保护的是带有图形用户界面的电脑,因此,在确定专利保护范围时,应当将电脑考虑在内,而不仅仅是关注图形界面。(2)被诉侵权行为是被告向用户提供被诉侵权软件的行为,而不是销售、制造、许诺销售、进口与涉案专利相同或者类似类别的产品,因为被诉侵权的软件不属于外观设计产品的范畴,因此,即使被诉侵权软件的用户界面与涉案专利的用户界面相似甚至相同,该软件仍不落入外观设计专利的保护范围。

在现行的制度下,GUI外观设计的申请一般需要结合硬件产品才能申请外观设计专利,所以现在我们看到很多GUI外观设计的名称都是“带GUI的电脑”“带GUI的手机”“带GUI的移动设备”“带GUI的终端”等。而根据专利侵权的判定原则,全覆盖原则和等同侵权原则,一项设计侵犯该专利权时,必须同时满足“GUI设计”和“相配合的硬件”这两大条件,而目前申请GUI外观设计专利的主要公司是国内的软件公司,并没有相配合的硬件,因此,在GUI专利侵权的可能性很低。这也是为什么奇虎公司“GUI专利第一案”之后,再也未爆出GUI外观设计专利第二案、第三案,没有相关的案件出现,并不是没有与这些GUI外观设计相似的产品产生,而是专利权人在主动维权方面的积极性显著下降。

在2019年4月4日公布的《专利审查指南修改草案(征求意见稿)》中,将该规定删除,意味着以后在申请图形用户界面时不再需要提交整体产品的外观设计图。并且,新的征求意见稿中,添加了对图形用户界面的产品的外观设计的定义,涉及图形用户界面的产品外观设计是指产品设计要点包括图形用户界面的设计。而在产品名称方面,规定图形用户界面的产品外观设计名称,应表明图形用户界面的主要用途和其所应用的产品,一般要有“图形用户界面”字样的关键词,动态图形用户界面的产品名称要有“动态”字样的关键词。如:“带有温控图形用户界面的冰箱”、“手机的天气预报动态图形用户界面”。这也与之前GUI外观设计的名称为“带GUI的电脑”“带GUI的终端”等名称产生较大的差别。

根据以上修改,可以看出未来GUI外观设计专利与硬件的关系将不再如此密切,以后GUI外观设计专利不仅可以保护具有图形用户界面的产品,也可以保护产品的图形用户界面本身。这样的修改将更加能保护专利权人的合法权益,让GUI外观设计专利发挥其应有的作用。不过,目前仅仅是专利审查指南修改草案的征求意见稿,未来GUI外观设计专利的保护范围的限定可能还得交给诉讼来裁定。

 

文章来源:IPRdaily中文网(iprdaily.cnGUI外观设计专利路在何方?

Keyword:

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
Previous page
1
2
136
底部
这是描述信息

2001, 20th Floor, Block B, Ascendas Building, No. 88 Jiangmiao Road, Jiangbei New District, Nanjing City, Jiangsu Province

Copyright ◎Nanjing Huaxun Intellectual Property Consultant Co., Ltd.

苏ICP备xxxxxx号-1     Powered by: www.300.cn

这是描述信息
这是描述信息
这是描述信息
这是描述信息
这是描述信息