The Patent Protection Of Graphical User Interface

With the rapid development of electronic information technology, the graphical user interface technology has also got rapid development. However, because of the simple and intuitive feature of graphical user interface, it’s easy to be imitated and copied. Thus the legal protection is very important. Graphical user interface has two features: practicability and operability,which make it easy to get the favour of users. Countries which electronic products obtain considerable development have taken various patterns for the protection of graphical user interface(GUI), such as copyright law, trademark law, anti-unfair competition law, patent law, design protection.Design protection is the commonly accepted protection mode at present, But as different countries has different relevant legislations, protection modes have some difference. US brought the design into the patent law protection framework, protceting the patent on graphical user interface. Europe, Japan and South Korea made special legislation for design, but they have differences. European Union takes widest protection for exterior design; Japan adopts the method of substantial examination; South Korea protects graphical user interface(GUI) most forcefully.There are three issues in our country’s present protection for GUI: First, whether it is necessary to combine its material with GUI in protecting design. Secondly, the censor standard for GUI design patent is not so clear enough that censors will have different judgements to application object. Lastly, whether part introduction of the design system will impact our country’s present system of GUI protection. We should take the following methods to improve our system of GUI protection: First of all, our country’s design protection law should protect the combination of GUI and its material; then the relavent censor standard shoud be clear; Lastly, we should partly introduce the design protection system.