Study On The Protection Of Patent For Design For The Graphical User Interface

The graphical user interface(GUI) as a platform for the human-computer interaction, with its intuitive feeling, easy operation and good experience etc. incomparable advantages becoming the dominant form of modern software interface, is widely applied to computers, electrical instrumentation, industrial equipment, digital products and other fields. Along with large numbers of electronic information products, the graphical user interface is becoming the core strategy of enterprise management and market competition, and as performance and functionality of various products have little difference today, a good graphic user interface is of greatest importance to achieve market success. Therefor, it is an inevitable choice to seek legal protection. From the perspective of the protection of patent for design for the graphical user interface, according to the latest revision of 2014”The Guidelines for Patent Examination”, this study try to present a systematic research and analysis on the issue from the protection of object & scope, authorized conditions & review standards, tort & remedy, and make comments and suggestions combining the contents of legal protection in different countries and districts with the potential problems in legislation and practice of our country. The main contents of each chapter are as follows:Chapter 1 the definition and selection of legal protection for the graphical user interface.This chapter introduces the concept and characteristics of the graphical user interface, summarizes its features and attributes, and fall within the ambit of intellectual property rights. This chapter also analyses the mode of legal protection, then and draws out the patent for design.Chapter 2 the protection of object & scope of patent for design for the graphical user interface. On the basis of 2014”The Guidelines for Patent Examination”, this chapter aims to study the particularity of patent for design for the graphical user interface, and analyses the protection of object & scope by comparing with copyright protection for computer software, invention patent, trademark law, and general design patent.Chapter 3 the authorized conditions & review standards of patent for design for the graphical user interface. In accordance with the patent law and its implementing rules of design, combined with 2014”The Guidelines for Patent Examination”, this is explained in detail that the particularity of authorized conditions & review standards of patent for design, also discussed its shortcoming and limitations.Chapter 4 the tort and remedy of the right for the graphical user interface.this chapter focuses on tort behavior and remedy measures, analyzes the special form of torts, then puts forward specific relief measures and remedy proposal. Finally this text makes suggestions and solutions owing to the graphical user interface has many multiple attributes of intellectual property, which leads to the conflicts of rights and concurrent liability.