Research On Patent Law Protection For Graphical User Interface Design

Graphical User Interface(GUI)has brought about a new internet world of appearance design.An excellent graphical user interface brings not only a good user experience and also huge business profits in return,however,it can be easily simulated.In the past,no clear means on protecting appearance design of graphical user interface have been achieve in home,and protection against unfair competition,trademark protection mode,copyright protection mode and patent protection mode had been under discussion.Until May 1st,2014,State Intellectual Property Office of P.R.China issued a new Manual of Patent Examining Procedure,with main content of amendment focusing on graphical user interface.Newly added application and protection on graphical user interface in the Manual has declared that graphical user interface is among the targets of patent protection.Based on China's current situation of legal protection to graphical user interface,the paper analyses the outstanding problems on patent protection on graphical user interface.Firstly,a sound protection system on partial(or local)appearance design has not been established,which is very important for protection to graphical user interface as graphical user design and partial appearance design are naturally fitted to each other.Secondly,the current mode of putting “product plus design” as protection object of appearance design patent for graphical user interface has failed to meet the realistic needs.Thirdly,examination of appearance design of graphical user interface has shown lots of unclearness,mainly reflected as unclear definition in terms of formal requirements for examination,substantial conditions or materials for authorization and judgment for infringement.Based on the above analysis,and together with references to relative laws and regulation of America,Europe and Taiwan,the paper proposes some suggestions on perfecting appearance design protection system of graphical user interface in China.The first is to establish a sound appearance design protection system of graphical user interface,and in particular a mature partial appearance design protection system,with detailed illustration of regulations on its application in initial and later stages in the guarantee of true and real protection on appearance design of graphical user interface.The second is to separate the design from the product carrier as the target for protection to appearance design patent of graphical user interface is just design,and put the object of legal protection back to the design.And the third is to perfect the formal requirements for legal examination and infringement judgment so as to achieve a successful implementation of patent application works in regards to appearance design of graphical user interface.