Research On Protection Of The Graphical User Interface Design Patent

Nowadays,as electronic product hardware technology in communication field develops rapidly,the general functions of similar electronic products are beginning to converge.Meanwhile,the design of Graphical User Interface(GUI)in electronic product software is becoming the innovation in a competitive market.It has already been brought into the scope of design patent protection in electronic product software technology field in developed countries.Influenced by international trend and the strong demand of domestic software enterprises for this new legal object,law of China officially brings GUI into the scope of design patent protection on May 1st,2014 on the basis of amended Guidelines for Patent Examination.However,design patent system of China relatively develops slowly,it makes GUI existing lots of questiones druing appling for protection,and hinders the development of domestic software design industry.This paper offers some advice about improving GUI of China intellectual property,combining the well-considered experience of foreign developed countries by the analysis of the questiones of China GUI protection.This paper basic structure is following:The introduction discuss basic situation and development trend in GUI area,and starts with the design of GUI involved in Apple and Samsung's patent infringement lawsuits,from which comes to GUI,the object of this paper.The first section of this paper gives a definition of GUI at the legal level,including the concept,development,component parts,legal characteristics and types of GUI.Firstly,GUI is not a legal term,we need to define it at the legal level before doing legal protection research,and then we can narrow the research object to application type of GUI.The second section of this paper expounds current situation and problems of design patent protection of GUI in China,analyzing how the Guidelines for Patent Examination brings this new law object into the scope of protection.Then exploring the questiones with the design patent to protect the legal object on the base of existing legal protection,those questiones include: the object of design patent protection is not clear,corresponding examination standard is too general,and protection system for partial design patent are still absent.Finally,analyzing legal obstacles leading to these problems.The third section of this paper analyzes the experience of intellectual property protection of GUI in developed countries like USA,EU,Japan and South Korean.Firstly,in this part we mainly talk about how to define the scope of object in design patent protection,and how to distinguish the relationship between object and carrier.Secondly,it comes to the investigation into foreign protection system for partial design patent.which is closely related to the second section of this paper.At the end of this paper,it puts forward some suggestion on improving the design patent protection of GUI.From the reality of China's national conditions,aiming at the problems of GUI design patent protection system,learning from practical experience abroad,it makes the following recommendations: reframing the object of design patent protection system,leting the essence of legal protection return to “design” standard;specifying the examination standard for the particularity of the graphical user interface;introducing the protection system for partial design and making clear specific rules.