Brief Introduction to the China's Graphical User Interface (GUI) Design Patent

2023-03-30
Borsam IP
Borsam IP

With the widespread application of virtual reality and artificial intelligence in our life, the protection for the graphical user interface has also received more attention. GUI design patents have been recognized as a type of design patent in China since 2014, and they are protected under the same legal framework as traditional design patents. This article will provide a brief introduction to the protection of Graphical User Interface (GUI) design patents in China.


1. Introduction of GUI

The graphical user interface is mainly composed of elements such as windows, menus, icons, buttons, labels, and graphic decorations. A graphical user interface is generally an interface that is displayed on the screen and allows people to interact with electronic products. At present, the graphical user interface that can be protected by Chinese design patents refers to the interface related to human-computer interaction and the realization of product functions that is graphically displayed on the product display device. Its application areas involve: computers, mobile phones, electrical appliances, instrumentation, industrial equipment, etc.


Besides, please note that human-computer interaction refers to the process of completing information (command, feedback, status, etc.,) transmission between people and objects through certain interaction methods (such as clicking, touching, sliding, display, etc.,).


2. Protection types of GUI

Please note that the products with graphical user interface mainly include the following types. And we list some examples for readers to understand easily.


1) Products with dedicated interface for equipment;

(Computer with operation interface)

 

2) Products with general operating system interface;

     

(Mobile phone with operating system interface) (Tablet PC with operating system interface)


3) Products with application software interface;

(Mobile phone with communication software interface)


4) Products with web application interface;

 

(Computer with web application interface)


5) Products with icon interface;

 

(Mobile phone with icon interface)


6) Products that have nothing to do with human-computer interaction;

(Computer with webpage graphic layout)


7) Products with electronic screen wallpaper (and screensaver animation);

 

(Computer with electronic screen wallpaper)


8) Products with switch animation;

 

Mobile phone with boot animation


9) Products with game interface.

 

Computer with game interface


Besides, please note that the last four types (i.e., 6)-9)) do not belong to the scope of patent granted protection, that is, the last four types cannot file the graphical user interface design patent for protection.


3. Required materials

The materials required for filing a graphical user interface design patent are the same as those for other designs. The materials required mainly include drawings and brief descriptions. And the following points should be noted for the submitted materials. (Please note that CNIPA is still revising the examination guidelines after the introduction of partial design, so the following are old regulations for reference only.)


3.1. Drawings of GUI design patent

The graphical user interface is inseparable from the product, that is, the product must be used as the carrier, and the interface and the product must be submitted as a whole. If the essential feature of design is the interface and the overall product, a six-side view should be submitted; and if the essential feature of design is only the graphical user interface, at least one orthographic view of the display screen panel containing the graphical user interface should be submitted.


If you need to clearly show the size, position, and proportions of the graphical user interface design in the final product, you need to submit an orthographic final product view of the surface involved in the graphical user interface.


And if the graphical user interface is a dynamic pattern, the applicant should submit at least one state of the orthographic view of the surface involved in the graphical user interface as the main view; for the rest of the state, only the view of the key frame of the graphical user interface can be submitted as the change state view. And the view should be able to uniquely determine the complete change process of the animation in the dynamic pattern. When marking the change state diagram, it should be marked according to the sequence of the dynamic change process.


Besides, for the graphical user interface used to operate the projection device, in addition to submitting the view of the graphical user interface, at least one view that clearly displays the projection device should also be submitted.


3.2. Brief description of GUI design patent

For the essential feature of design lies in the graphical user interface, the purpose of the graphical user interface should be stated. And the essential feature of design lies in the design of the graphical user interface. If necessary, the area of the graphical user interface in the product, the human-computer interaction method, and the state of change should be stated.


3.2.1. Title of product

For the title of product, the main purpose of the graphical user interface and the product to which it is applied should be indicated. Generally, there should be a keyword with “graphic user interface”, and the product’s title of a dynamic graphical user interface should have a keyword of “dynamic”. Such as: “refrigerator with temperature control graphical user interface”, “mobile phone weather forecast dynamic graphical user interface”.


3.2.2. Use of product

 Generally speaking, it is enough to describe the overall use of the graphical user interface. And if necessary, the use of each interface can be described separately, and the area of the graphical user interface in the product, the way of human-computer interaction, and the change process can be explained.


The above content is a brief introduction to the graphical user interface. If you have any related questions, please feel free to contact us.