The Research Of GUI Design Patent Protection

GUI, short of Graphical User Interface, became the hot topic in the IP area from the year 2012. At that time, the war about GUI between Apple Inc. and Samsung Inc. made the world focus on this discussion. Graphical User Interface, which is also called GUI, is known to be a significant technology revolution in the 20 th century. GUI affects the fate of software in a large extent because many users evaluate the software through their feelings of GUI. When there are more produces or more choices, the buyers will become pickier about the GUI.We find that there is no global consensus of GUI design patent so far. Only America, European Union, Japan, Korea, Australia, Brazil has made a clear regulation that Design patent will protect GUI and GUI is in the scope of protection. Taiwan from China has also made such kind of regulation. From this we find all the regions do a great job in the area of electronics industry. Many companies from America, Korea, German, Japan have taken active part in the protection of GUI, they used GUI design patent in a good and effect way. In the opposite, little Chinese companies joined in this, they did not apply GUI design patents in China or other countries. We have to say it’s not a good phenomenon for the companies which want to go abroad and take part in the competition of foreign market. Our Chinese need pay attention and do self-examination.In order to analysis the present situation of the copyrights or patent rights for GUI in China and put forward some modified and feasibility suggestions to adapt to the latest < The guidelines for patent examination>, this paper mainly discusses the focus of GUI protection in China and the legal system in the United States, the European Union and South Korea and combines the related GUI patents and judicial cases. Firstly, we make clear the definition and characteristics of GUI and analyze the exist problems in current copyright of protecting the GUI. Then the paper discusses the differences in the protection of GUI and the historical changes in different countries. Next, we try to explore a growing way for Chinese companies through some date. All the date is about the quantity of applying for GUI design patents and the technology field distribution. Finally, this paper mainly analyzes the feasibility of GUI design patent and the applicant countermeasures.The year 2014 is a historic year for Graphical User Interface. During this year, China has amend the < The guidelines for patent examination>. GUI can really be protected by design patent. In this case, we hope we can find through a series of problems in the process of the GUI development through this paper and grow together with China’s intellectual property through such learning.