Research On Graphical User Interface As Subject Matter Of Design

This thesis conducts a research on Graphical User Interface(GUI) from the perspective of subject matter. The research unfolds in three aspects i.e. the relation between GUI as subject matter of design and as body of design, the relation between GUI and partial design, and the relation between GUI as subject matter of design and as that of other intellectual property rights.Chapter One specifies the concept of GUI, that is, a visualized exchange medium of information between an electronic devices and its user, presenting on a display. China has gone through a period when GUI is not subject to design protection. A recent revision of Manual of Patent Examining Procedure(MPEP) commenced GUI’s design protection era. Meanwhile, we should realize that three issues emerge. First and foremost, strict “On Industrial Products” requirement limits the design protection on GUIs. Secondly, GUIs only obtain indirect protection. Thirdly, the relation between GUI as subject matter of design and as that of other mode is vague.Chapter Two discusses GUI as subject matter of design in both US and EU. US had experienced a process from denial to acceptance of design protection on GUIs. One key to this change is to give up rigid understanding of the relation between subject matter and body of design, the other is the establishment of partial design. Moreover, a study of case history copyright protection on GUIs tells us that both copyright and design is designated to protect GUIs’ appearance. Compared with requirement of copyright protection on GUIs, design protection on GUIs is more feasible. In EU, GUI is subject to protection of European Community Design. In European Community Design Regulation, the body of GUI is “graphical symbol”, rather than display or electronic device on which it presents. EU acknowledges protection of partial design, which become more significant, protecting GUI’s layout design as well as a single icon.Based on analysis and comparison on design protection of GUI in US and EU, Chapter Three reflects on three issues raised in Chapter One and propose several recommendations on improving design protection on GUIs. Firstly, clarify the relation between GUI as subject matter and the body of GUI, focusing on subject matter. Secondly, introduce partial design and extend direct protection on GUIs. Thirdly, clarify the relation between design protection and copyright one on GUIs, between design protection and patent one on GUIs, and fully utilize any possible mode to give GUIs an overall protection.Creative points of this thesis are as follows. The topic catches up with the revision of MPEP concerning design protection on GUIs. The research perspective is subject matter, three aspects of which are clues of this thesis. In the research, there are innovative sparkles in the summary of GUI’s concept and its feature, “Functionality-related”, and the analysis of the relation between design protection and copyright one on GUIs, between design protection and patent one on GUIs.