The graphical user interface of electronic products facilitates the interaction between users and electronic products, and exists everywhere in our lives after its rapid development in the past 20 years. Meanwhile, the establishment of the intellectual property law protection system on the graphical user interface has become an important research area. In 2014, our country revised the "Guidelines for Patent Examination" and the graphical user interface was included into the protection scope of designs. The condition that for a long time the graphical user interfaces mainly depends on the "Copyright Law" to obtain protection was changed. However, this revise did not introduce the partial design system, leading graphical user interfaces which do not rely on products as carriers cannot be protected. This paper seeks to find a more reasonable protection way by studying and comparing domestic and foreign design law systems on the graphical user interface. The context is divided into four chapters. The first chapter demonstrates the definition, characteristics and classifications of the graphical user interface. The second chapter respectively introduces the domestic and foreign present protection status on the design patent of the graphical user interface and analyses the present situation that a variety of rights simultaneously exist on the graphical user interface. Based on the judicial practice, the third chapter makes an applicability analysis on the law provision where the graphical user interface obtain the design patent protection, including design protection objects about the graphical user interface, law status of the state diagram and partial design protection systems. The forth chapter demonstrates some reflection and prospect about protecting the graphical user interface through the design patent. |