GUI

Graphical User Interfaces

July 1, 2013
Design patents for graphical user interfaces (GUIs) and computer-generated icons are becoming increasingly popular in the U.S. and abroad, with large technology companies enhancing their patent portfolios in this regard as the strategic value of such patents becomes more evident.  One high-profile, high-stakes case illustrating this point is the ongoing patent infringement saga between Apple and Samsung, which involves several design patents directed to GUIs and computer-generated icons.  Other large technology companies, such as Microsoft and Sony, are also active in the area of design patent protection for GUIs and computer-generated icons.

Whether patent protection is available for GUIs and computer-generated icons differs from country to country, and the various laws in this area are constantly evolving, or at the very least are hot topics for discussion.  For example, Taiwan’s new Patent Act, which took effect on January 1, 2013, broadened the scope of design patent protection to GUIs and computer-generated icons, among others areas.
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Design Patent Protection for Graphical User Interfaces (GUIs) Likely Available in China in 2014

January 8, 2014
From December 19th-20th, 2013, the U.S. and China conducted the 24th U.S.-China Joint Commission on Commerce and Trade (JCCT) in Beijing, China.  One notable outcome from the meetings was that China agreed to increase its efforts “to advance innovation in the fast growing information and communications technologies sector by publishing draft Guidelines for public comment to extend design-patent protection to graphical user interfaces.”

Presently, China does not afford design patent protection for Graphical User Interfaces (GUIs) or computer-generated icons.  However, on October 22, 2013, the State Intellectual Property Office of the People’s Republic of China (SIPO) released a draft amended version of the Examination Guidelines for public opinion.  Thus, it is likely that design patent protection for GUIs and computer-generated icons will finally be available in China in 2014.
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DESIGN PATENT PROTECTION FOR GRAPHICAL USER INTERFACES (GUIs) TO BECOME AVAILABLE IN CHINA ON MAY 1, 2014

March 25, 2014
The State Intellectual Property Office of China (SIPO) recently issued an order indicating that design patent protection for Graphical User Interfaces (GUIs) will soon be available in China.  The order, which provides amendments to a number of sections of the Guidelines for Patent Examination, follows as an update to a previously released draft amended version of the Guidelines for Patent Examination, and becomes effective on May 1, 2014.

Notably, designs directed to human-computer interactable GUIs, including dynamic or animated GUIs, will be protectable.  However, the new provisions exclude protection for designs not directed to a product’s function or human-computer interaction, such as wallpaper on an electronic screen, turn-on/turn-off screens and graphical layout and text of a webpage. 
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Design Day 2014: Recent Changes in GUI Design Applications at the Korean Intellectual Property Office (KIPO)

April 15, 2014
On April 8, 2014, the U.S. Patent and Trademark Office (USPTO) hosted its 8th annual Design Day.  The schedule included Jihoon Kim, Ph.D., Deputy Director Design Examination Policy Division, Korean Intellectual Property Office (KIPO), who presented on the topic of recent changes in GUI design application protection at KIPO.

Of particular note, for design patent applications involving Graphical User Interfaces (GUIs), KIPO no longer requires specific indication of an underlying hardware product.  For example, prior to the change, a design application directed to protection for a GUI design required the GUI design to be shown with an underlying hardware product, such as a cellular telephone.  According to Dr. Kim, KIPO enacted the change to focus on the “heart and soul” of the GUI design and to minimize useless and possibly unduly limiting hardware visualization and description.
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Design Day 2014

April 15, 2014
Celia Murphy, Supervisory Patent Examiner for technology Center 2900 (‘TC 2900’) was the host for Design Day 2014, the 8th Annual Design Day.  Design Day 2014 appeared to have a significant increase in participants as the USPTO Madison Auditorium had only a few empty seats throughout the day.

Andy Faile, Deputy Commission for Patent Operations started the day off by highlighting two initiatives by the USPTO: interview practice, and a technical training program. Mr. Faile noted that a growing number of interviews were being conducted, benefiting examiners and practitioners alike, and that the number of requests for WebEx interviews was also increasing.
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Recap of USPTO's Design Day 2016

April 26, 2016
The USPTO's Design Day 2016, held April 19th, started off with a welcoming address from the Commissioner for Patents, Andrew Hirshfeld. Commissioner Hirshfeld noted the increasing importance of design patents, as U.S. design patent application filings have increased from 11,000 in 1987 to 37,000 in 2015. Commissioner Hirschfeld encouraged everyone to submit comments and examples for the application of the Written Description Requirement in Design Applications, which was published on April 15, 2016 (reported here). Commissioner Hirshfeld also announced that 15 design examiners will be working out of the USPTO's San Jose satellite office.
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Design Patents Remain a Valuable Part of a Patent Portfolio after Samsung v. Apple

February 2, 2017
On December 6, 2016, the U.S. Supreme Court issued its long awaited opinion addressing the issue of whether design patent owners were always entitled to an infringer’s total profits of any end product, even a multi-component product. Samsung Electronics Co., Ltd. v. Apple Inc., 137 S. Ct. 429 (2016). The Supreme Court overturned the widely held understanding that design patent owners were always entitled to an infringer’s profits and held that total profits are not necessarily available where the patented design is one component of a multi-component product. Despite the Supreme Court’s ruling, and uncertainty in how its decision will be implemented, design patents remain a unique and valuable tool in a U.S. patent portfolio.
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important design patent issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.