With The Feasibility Of The Patent Law To Protect The Graphical User Interface And System Design

With the rapid development of computer graphical user interface in the lastdecade, it improved the efficiency of human-computer exchange to a large extent,facilitated the exchange between the computing resources and the users, and improvedthe user productivity. So far, the graphical user interface is still the dominant class ofhuman-computer interaction interface. At the same time, along with the rapiddevelopment of computer and communications industry, intellectual property strategyhas already became an important means to create the international competitivenesspredominance. However, the main form of the protection of intellectual property forthe electronic information industry, especially software industry, is also only remain inthe “copyright law” and the “Regulations for the protection of computer software",which has the certain limitation. The characteristic of the software industry is that thecomputer graphical user interface is easy to be copied, and cloned. More seriously, theinfringing act of intellectual property to the graphical interface has developed from thesimply reproduction and modification to the imitation of software development processof the user interface operation mode/methods. Therefore, in order to encourage thecomputer software especially graphical user interface development and application,protect the rights of the legitimate rights and interests, the related protection ofintellectual property law should be improved and developed continually. This articlewants to break through the present situation that the graphical user interface isprotected mainly by “copyright law” in our country, and develop a more targeted andoperable protection mode, which use the patent for design and invention to protect thecomputer graphical user interface with different properties for the distinction oftargeted protection. The full article is divided into four chapters, in which the first andthe two chapter about the computer user interface are introduced; the third chaptermainly introduces how to use the patent for design to protect graphical user interfaceswith distinguish, and puts forward the improvement proposal for the current legislativeand judicial practice; the fourth chapter mainly introduces how to use the patent forinvention to protect the graphical user interface with the operating/control methods,and give recommendations on relaxed standards with the graphical user interfaceobject review, in order to expand the scope of protection. Through this targeted patent protection mode, the scope of protection of the user interface can be increased to areasonable extent, which can be conducive to enhance the software/communicationsmarket competitiveness of enterprises, so that the protective system of intellectualproperty rights can become the important force for the enterprise development, on theother hand it will be conducive to realize the sustainable development of the R&D foruser interface.