The status of China’s introducing GUI into the design patent
China National Intellectual Property Office (SIPO) led GUI (Graphical User Interface) into the object of the design patent protection on May 2014. However, it should be noted that: the image of GUI cannot be separated from the product, images and GUI must be applied to the real items, then, can become the subject of patent protection design. Whether it is in the name of the design, schema exposure, or design description of the records, must meet the disclosure requirements of the “application object”.
In addition, the computer font is not the object of design patent protection. According to Guidelines for the Examination of Patent Examination Part III Chapter 3 Preliminary Examination of Patent Application Section 7.4, Section 1, “No Grant of Design Patents” (11) Note: “The game interface, the human-computer irrelevant interaction or equipment for achieving the product function that has nothing to do with the product display device display patterns, such as: electronic screen wallpaper, switch machine screen, web page graphic layout, etc., are not the type of patent protection design. Therefore, it is considered that the computer font is not the object protected by the design patent.
Preliminary review of the design patent application Section 4.2 of the third paragraph after the new content Note: For the GUI product design, including the product should be submitted to the overall design view. If the GUI is a dynamic pattern, then the applicant should submit at least one of the above-mentioned overall product design views. For the remaining states, only the key view can be submitted. The submitted view should uniquely determine the trend of the animation in the dynamic pattern.
As for the protection scope of GUI design patent, there is currently no partial design in China, GUI must be shown on the product as a carrier, the overall protection. And the protection of the design patent can only be the same or similar products on the use of the design.