Research On The Protection Of Graphical User Interface Under The Patent Law

With the improvement of science and technology,in addition to excellent performance and modeling,graphical user interface has become an important factor for consumers to choose and buy modern electronic products.In 2014,the revised patent review guide has officially incorporated graphical user interface into the patent protection of design.The protection object of the design is the design itself,but China has made functional requirements for the appearance design of the graphical user interface.What qihoo v jiangmin case exposed is that China fails to distinguish whether the protection object of the appearance design is the design or the product.This paper is divided into three chapters.The first chapter first introduces the basic concept of graphical user interface,then analyzes the case of qihoo v.jiang min,and finally introduces the problems to be solved in this paper.Chapter two mainly introduces the protection of appearance design and invention patent of graphical user interface in the United States,the European Union,Japan and other countries or regions.At present,the United States,Europe,Japan have established part of the design system to graphical user interface appearance for more comprehensive protection,in the three countries or regions can be used to protect the function of the graphical user interface patent.The third chapter firstly analyzes the existing problems of GUI protection in our country and then gives some corresponding Suggestions.Compared with the judgment standards of the United States,Europe and Japan,China’s strict standards are similar to those of Japan,but not as loose as those of the United States and the European Union.Finally,some Suggestions are put forward for the protection of China’s graphical user interface,which are as follows:(1)to clarify the object of the protection of China’s graphical user interface design;(2)to introduce part of the design protection system;(3)to modify the definition of product carrier;(4)to protect the functionality of the graphical user interface with invention patent.