Research On Patent Protection Of Graphic User Interface Design

The United States,Japan,South Korea and other countries with developed electronics industries have already incorporated graphical user interfaces into the scope of intellectual property protection.The advancement of the protection system for graphical user interfaces in my country has been relatively slow.It was not until 2014 that the“Patent Examination Guidelines”were revised to include it in the scope of protection.After that,the graphical user interface was revised again in 2019.As my country’s protection of graphical user interface designs is still in its infancy,the relevant legal system is not perfect and there are still many problems in judicial practice,resulting in insufficient protection of graphical user interfaces.This paper adopts empirical analysis methods to study the graphical user interface-related cases in current judicial practice in my country,and uses comparative research methods to analyze the object of graphical user interface design patents,the scope of protection of partial designs,and the related issues of infringement judgments.Combined with the intellectual property protection of graphical user interfaces in my country,hoping to promote the reform of the patent protection system for graphical user interface designs.The first part the method of empirical analysis to study the state of my country’s legislation on the protection of graphical user interface design patents and related cases.The relationship between the design and the product is unclear;my country lacks partial design rules,and it is easy to ignore the innovative design of the graphical user interface design when adopting the overall protection principle;in the determination of indirect patent infringement of graphical user interface designs,the rigid prerequisite for the establishment of direct patent infringement has led to unreasonable infringement determination.The second part analyzes the problem of the protection of the design object of the graphical user interface.Categorize the types of graphical user interfaces,clarify that graphical user interfaces can be divided into system software graphical user interfaces and application software graphical user interfaces,paving the way for the improvement of related protection measures in the following text;combined with the identification and compliance of products in design by foreign countries From the perspective of the original intention of design legislation;for graphical user interfaces When protecting the design,the tangible product carrier cannot satisfy the virtual characteristics of the graphical user interface,and the rationality of expanding the connotation of the "product" is analyzed.The third part analyzes the use of partial design protection for the graphical user interface.First,analyze the problems caused by the lack of partial design rules to the protection of graphical user interfaces;then explain the rationality of using partial designs to protect the graphical user interface;then discuss from the review standards of the scope of protection to the specification of application documents Rules applicable to the scope of protection for partial designs of graphical user interfaces.The fourth part analyzes the problems existing in the judgment of infringement of graphical user interface design.Analyze the unreasonable problems of China’s adoption of the "overall comparison" infringement determination standard;compare the "confusion standard" and the "innovation standard" adopted by foreign countries,and make it clear that the use of a compromise determination standard is more conducive to protecting the graphical user interface;Analyzing and demonstrating the infringement of software with graphical user interface and the unreasonableness of patent indirect rules.It is believed that China should adopt the "independent doctrine" for indirect infringement of design patents for graphical user interface design,which is conducive to regulating others infringement of graphics with graphics.The behavior of user interface design software.The fifth part is to put forward suggestions for perfecting our country’s legislative status and industrial development status,the following suggestions are put forward: First,reconstruct clarify that the core of design protection is that the design is not a product,weaken the restrictive effect of the product on the design,and expand the product.Extension,the carrier on which the appearance design of the graphical user interface is attached is defined as an "interface product".Second,improve the application rules for partial designs of graphical user interfaces,and clarify the scope of protection of patents for graphical user interface designs.Third,in the infringement determination rules,the reconstruction of the "overall comparison" standard pays attention to the influence of relevant factors.Finally,the rules for determining indirect infringement of patents are no longer rigid.The premise is that the establishment of direct infringement is no longer rigid.It should be determined by combining different types of graphical user interfaces and the subjective fault of the parties.