Research On Patent Protection Of Graphic User Interface Appendence Design

Communication technology and electronic products are widely used today,and user interface innovation has become a key consideration for consumers when purchasing electronic products.In order to protect the design innovations,promote the development of the electronics industry,and provide an effective protection mode for the graphical user interface,it is urgent.In 2014,Order No.68 of the State Intellectual Property Office stipulated for the first time that graphical user interfaces are protected by designs.The protection of user interfaces in my country has completed the transition from no protection to design patent protection.On November 1,2019,the State Intellectual Property Office made new amendments to the "Patent Examination Guidelines".Most of the amendments were aimed at the application of graphical user interfaces.This amendment established the legal protection status of graphical user interfaces.The protection status of the graphical user interface is changing to all-round protection.The first chapter of this article first introduces the concept,characteristics and classification of graphical user interface;secondly,it discusses the choice of the patent protection mode of graphical user interface design.By demonstrating the essential similarity between graphical user interface and design,it is concluded that the design is The most preferred conclusion on the protection mode of graphical user interface at present;finally,a comparative analysis of the protection status of graphical user interface designs in various countries at this stage is made.The second chapter of this article foreshadowing the legal basis of design patents,that relationship "Patent Law" and related judicial interpretations and "Guidelines for Patent Examination",defined the "Guidelines for Patent Examination" of the legal position and the force of law;secondly Analyzed the essential and formal elements of China’s current design patent examination in the authorization stage;finally,through the discussion of the particularity of the graphical user interface design in the authorization application stage,the challenge of the graphical user interface to the traditional design protection system was discovered.The third chapter of this article mainly discusses the legal protection of graphical user interface design patents in the infringement determination stage.Through the analysis of the infringement determination subject,the infringement determination standard,and the infringement determination,it is found that there is no clear standard for the selection of the infringement determination subject in our country.,Infringement identification standards are difficult to apply to graphical user interface design,infringement is difficult to define and other issues.The last chapter of this article puts forward suggestions to solve the problems in the protection of graphical user interface appearance design.Firstly,in view of the difficulty in identifying and defining the infringement in the infringement stage due to the excessively high examination conditions on the essential elements such as creativity and novelty in the authorization stage,the reasonable reference to the partial design system and the indirect infringement system is proposed;secondly,the appearance of the graphical user interface is proposed.Design software and hardware products are independent of the problem,and put forward a proposal to clarify the scope of patent protection for graphical user interface;finally,in response to the problem that the infringement determination standard is difficult to apply to the graphical user interface design,it is proposed to change the "overall comparison" infringement determination standard and make clear selections.Suggestions on the standards of the subject of infringement identification.