Analysis Of The Patent Reexamination Invalidation Case Of "Graphical User Interface For Mobile Communication Terminals"

The Graphical User Interface(GUI)was clearly included in the scope of the design patent right after the revision of the "Patent Examination Guidelines 2010" in2014.In the past ten years,technology has continued to progress and innovate.However,some practical problems in the process of patent protection for GUI designs have not been resolved.Especially in the process of reexamination of graphical user interface design patents,there are practical dilemmas in the scope of protection,the object of protection,and the infringement judgment involves GUI in different states under the principle of "overall observation,comprehensive judgment".The State Intellectual Property Office recentl y heard a classic case on GUI design-rated as "" The patent reexamination invalidation case of "Graphical User Interface for Mobile Communication Terminals" in "Top Ten Classic Cases of Reexamination Invalidation".In response to this case,when defining the scope of protection of GUI designs,the Patent Reexamination Board of the State Intellectual Property Office revolved around the meaning claimed by the petitioner and the patentee,and held that the protection scope of GUI designs should be expressed in pictures or photographs.The graphical user interface design shall prevail,and the brief description and the reference diagram of the use status can only be in an auxiliary position,and should be judged from the eyes of ordinary consumers who are clos e to the cognitive ability and level of ordinary designers.Secondly,when confirming the object of protection of GUI design,it made a targeted judgment.Combined with the views of the Patent Reexamination Board and the newly revised "Patent Law",there i s a new point of view on the definition of the object of design protection.”,should be different from or similar to the existing design and the combination of design features of the existing design,and the partial GUI design should have the function of h uman-computer interaction.Only after the scope of protection and the object of protection can be clarified,the infringement determination can be made in a targeted manner.Of course,when judging the overall design of the GUI,a distinction should be mad e between static GUI and dynamic GUI.Under the condition that the principle of observation and comprehensive judgment remains unchanged,for different types of graphical user interfaces,it is necessary to comprehensively consider different factors before making judgments.Only in this way,can it really play a positive role in guiding the development of GUI design patents in China.