Research On The Use Of Graphical User Interface Design Patent

In May 2014,China's newly revised Patent Examination Guidelines incorporated GUI into the protection of design patents,and a large number of GUI design patents emerged.However,in practice,the phenomenon of plagiarizing the GUI is very serious and it is difficult for the design patentee to safeguard his rights.One of the important reasons is that there is no “use” behavior in the existing design patent system,resulting in the inability to be held accountable for using the GUI alone.Therefore,this article will study the “use” behavior of design patents from the particularity of GUI.Firstly,this article discusses the basic issues of the GUI design patents.This article introduced the meaning and origin of the GUI,and is different from the general design,that is,the GUI is both decorative and functional.In addition,the protection scope and type of the GUI are clarified in this article.Secondly,this article points out the lack of “use” behavior in China's design patent system.This article analyzes the “use” behavior in China's patent system for inventions and utility models,and draws lessons from the regulations on “use” in the foreign design patent system,and assesses whether or not there is an ongoing dispute over the “use” of design patents in China.Thirdly,this article analyzes the necessity to increase the “use” behavior of GUI design patents.First,the GUI of the design patent protection has its own functionality,which makes the GUI have great use value and potential market value.Second,the GUI is easily separated from the specific product,making it easy to distinguish the “manufacture” and “use”behaviors of GUI design patents,and “use” becomes possible.Third,this article points out the serious plagiarism and rights protection difficulties in practice through the case.Finally,this article discusses the determination of the “use” behavior of GUI design patents.Clearly the scope of protection of the GUI is only with the GUI itself.When judging the infringement,from the perspective of “general consumers”,a combination of multiple judgment methods can be used to comprehensively determine whether the GUI designs are the same or similar,instead of judging whether the products are the same or similar.