| GUI,also known as electronic product graphical user interface,English name is Graphical User Interface,which refers to the graphical user interface of the electronic product operating user interface.Compared with DOS system computers in the black and white computer era,today’s people no longer need cumbersome memories and manual typing of cumbersome code.From the command line interface to the present,the graphical interface is obviously more visually acceptable to users.Directly using touch dialogue,setting a specific design at a specific position on the display screen,and combining the operation with the visual whole,the electronic product graphical user interface is obviously entering the electronic through the change of the state of the "prompt user" through the aesthetic and not monotonous visual message.The most important part of the era.The interface of electronic products is not only reflected in the computer.A series of products such as smart phones,tablet computers and smart watches are dependent on the graphical interface and cannot be separated.However,this new era is extremely important new product in the current legal system in China.It is not properly protected.With the rapid development of the electronic age and the popularity of mobile terminal equipment,the value of GUI design patents is getting higher and higher,becoming an important weapon for the competition of production operators.Because the relationship between GUI design patents and hardware products is not tight,the plagiarism of GUI design patents is very easy and the cost is extremely low,which leads to very serious plagiarism.Looking at the major jurisdictions around the world,more developed jurisdictions and countries have provided a more comprehensive layout protection for GUI design patents.There are different protection modes in the world.For example,the United States,the European Union,Japan,South Korea and Taiwan have incorporated graphical user interfaces into the scope of patent protection.These jurisdictions have outstanding performance and protection needs in theelectronics industry.A more comprehensive system to protect the development of the industry.The European Union,Japan,and South Korea all protect the design in the form of a single-line law,while the United States and Taiwan have included the design in the protection of patent law.Different forms of legislation also lead to differences in the protection of graphical user interfaces across regions.China has not yet defined the design protection of graphical user interfaces at the narrow legal level.In judicial practice,the importance of products and carriers has been emphasized too much,so that there are many problems in judicial decisions,so it is still necessary to learn from experience adjustment legislation.Prior to 2014,the patterns displayed in electronic devices belonged to the case of not being granted a design patent,which means that the GUI design patent as a type of pattern in the display device is not covered by the design patent.In view of this,the newly implemented Patent Examination Guide on May 1,2014 clearly stipulates that GUI design patents can submit design patent applications to the Patent Office,and also stipulates the exclusion scope and authorization of GUI design patents granted design patents.condition.The introduction of GUI design patents to the public in the eyes of the public is that on December 25,2017,Qihoo 360 v.Jiangmin Company made a first-instance judgment,which caused a heated discussion among the society and the industry,and called it: Domestic GUI The case.The final result of the case was that the court rejected all the plaintiff’s claims,which made many law scholars disappointed.In March 2018,the Patent Reexamination Board issued a GUI design patent for the company.The decision of the invalidation request made by the computer of the interface(ZL201430324283.6)was reviewed.This article is inspired by the above cases and is based on the above research.This paper begins with the definition of the design,leads to the definition and characteristics of the GUI design patent,and then transitions to the carrier problem of the protection of the user interface of the electronic product to make a preliminary preparation,to study its definition,nature and other content and combine the characteristics of the subject.A concept is clarified.Subsequently,the Apple case and the Qihoo v.Jiangmin case were brought out to discuss the contradiction between judicial practice and legislation.From four levels of analysis,it points out the problems existing in the Qihoo v.Jiangmin case: the violation of the tort,the current law’s protection of the GUI is flawed,the judge’s subjective discretion,and the right holder cannot protect the rights.Through the above four questions and the analysis ofthe problem of GUI patents in the Apple case,we reflect the current legal response to the protection of GUI in China,starting from the 68 th order of the National Knowledge Bureau and the new edition of the patent examination guide.Secondly,by analyzing the protection of existing GUI design patents in different jurisdictions,mainland China currently has a patent protection model for the graphical user interface and existing legal obstacles,compared with other countries and regions where patent protection is available worldwide.For example,in the United States,the European Union and the European Union,Germany and France,on the legal system and judicial status of graphical user interface protection,combined with the relevant content of local design and screen carrier,analyze the status quo and shortcomings of legal regulation of graphical user interface in China.In the trend of patent legislation,we should find a foothold,explore the necessity of optimization of protection strategy model,and put forward specific suggestions for the protection of graphical user interface at the level of patent legal system.Finally,the foothold of the article is pushed to improve the path selection of the GUI design protection.The protection of the GUI is not only an increase in the object of the design,but whether the protection of the design needs to emphasize the combination with the carrier,whether the design should provide protection of the partial appearance,and even the protection of the appearance of the electronic product in the entire intellectual property system.Positioning is linked together.First,the law is re-examined and refined,and the design should be protected separately.Because the invention of the design is less creative and large,if the substantive review is bound to cause a great waste of resources,the reviewers should be overwhelmed and the review cycle will be greatly lengthened.However,in the long run,if the reviewer’s overall review ability can be improved,the review efficiency can be improved,and the design patent can be substantively examined under the condition of ensuring the review cycle,the GUI design patent protection will bloom differently.The author believes that The substantive examination of design patents should be carried out as soon as possible.Second,it must be weakened and the carrier should not be used as a mandatory,moderately introduced partial design protection system(also known as partial design).Why do we need to increase the local design protection system? Because of the current lack of protection,China does not have a partial design protection system is the key.If this system will be divided by the virtual solid line,the protection area of??the graphical user interface can be more clearly defined.In addition,substantivereview of design patents is also extremely necessary.The over-emphasis on the carrier has seriously affected the patentee’s road to rights protection.Therefore,the author believes that the introduction of the “local design” system is imperative for China.Third,it advocates the appropriate separation and classification of “ product ”and “design”.With the reorganization of the State Intellectual Property Office and the promotion of the revision of the Patent Law,it is believed that in the near future,China’s patent system,especially the GUI-related design system,will be further improved.Separation and identification mainly need to clarify the definition of products,support the classification of products identified,correctly understand the protection object of GUI design patents,and need to clarify how products are defined when soft and hard separation.At the same time,the author proposes a new concept,namely,phase separation protection.Its meaning can be understood as the selective protection of cells.Its meaning is extremely wide,and it needs to be combined with practical operations to make more effective division.Fourth,the integration of confusion theory and desalination theory can provide more complete protection for GUI design patents.This paper attempts to construct a system GUI protection system from the perspective of the separation of product and design,and inspires GUI designers to innovate.Of course,in terms of improving the consideration and operability of the GUI protection path selection,there are still deficiencies,and further research is needed in the future. |
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